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The Court emphasised that it is settled position in revenue laws that the proceedings have to be concluded within certain time frame and same cannot be kept pending for long which would lead to uncertainty which is contrary to the canons of any fiscal legislation.
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The Court emphasised that the manner of the commission of offence, its location and the post-incident conduct of the accused raised serious concerns regarding possibility of obstruction of justice if the bail is granted to the applicant.
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The Court specified that just because members of condominium had passed a resolution of equal maintenance does not mean that they are estopped from application of the provisions of the Maharashtra Apartment Ownership Act, 1970.
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“It must be kept in mind that the policy is not meant to satisfy the requirements from the perspective of a cisgender or a heterosexual and it must always be addressed from the perspective of those persons who fall within the ambit of LGBTQIA community.”
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“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”
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‘The petitioner being a 5-year-old minor cannot be compelled to be deported to Australia. The right against such deportation is protected under Article 21 of the Constitution.’
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The central test to be applied while framing a charge is whether there exists sufficient material on record which, if unrebutted and accepted at face value, gives rise to a strong suspicion that the petitioner-accused has committed the offence in question.
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“The photographs show that they are now constructing/ upgrading side lanes/diversions on both sides of the flyover at Arjun Barodia. In fact, as per the agreement and the norms of Road Congress guidelines, the service road ought to have been constructed before starting the construction work of the bridge/flyovers/subways, etc.”
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“A comprehensive reading of Articles 14, 15, 16 and 21 of the Constitution of India clearly indicates that no laws can be created or enforced so as to cause discrimination against women.”
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“The actions of defendant 1 are misleading unsuspecting customers, resulting in them sharing their confidential information and spending their hard-earned money on these infringing platforms. It is evident that defendant 1 are trying to create the impression that their websites, Social Media Groups, are associated with INDmoney”
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“Providing food to the school students is not an empty formality, and the same has to be done with dignity. A person, especially an innocent child, cannot be served any food that has been licked/soiled by a dog.”
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“The applicant was seeking monopoly over matters in which ex-facie no copyright subsisted to begin with, like common themes, ideas, unoriginal/stocks/scenes-a-faire matters, and other aspects directly flowing from such elements.”
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The intent behind Section 104A of the Act is to shift the onus of proof from the plaintiff to the defendant in cases involving infringement of process patents. This is premised on the fact that the process adopted by a defendant in manufacturing its product would only be known to the defendant and would be difficult for the plaintiff to determine.
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These acts which are alleged against Kapil Wadhawan, if proven, are not merely violations of penal statutes, but subvert the very integrity of financial institutions and investor confidence. Such economic offences are not private disputes, but public wrongs that corrode the nation’s economic fabric.
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The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of casual approach in criminal trials.
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“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”
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“The inconvenience to the husband outweighs the inconvenience pleaded by the wife as her averments are unconvincing and lack credibility.”
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Because of his own default, the petitioner could not appear in the entrance examination held by the respondent and now seeks a direction for holding a fresh entrance examination only for him or allowance to appear without crossing the barrier of the entrance examination.
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“The themes and language used in the posts indicate inclination towards the glorification of anti-national ideology, which cannot be ignored.”
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Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
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