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“No case is made out by the petitioners that a custom or usage is applicable to them which permitted adoption of a person who has attained the age of 15 years.”
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“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”
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“The gravity of the offence, specifically, the allegation of mercilessly causing the death of another person, necessitates a cautious approach.”
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“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”
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“The specific defence of the accused was not that the victim died because of his assault rather it was that he inflicted injuries on himself and lost consciousness. Firstly, he suggested that the victim had committed suicide by inflicting those injuries on herself and secondly, he feigned ignorance about what happened after he inflicted those injuries on himself.”
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“The husband cannot compel the wife to share her passwords of the cellphone or bank account and such an act would amount to a violation of privacy and potentially, domestic violence. There should be a balance between marital privacy and the need for transparency and at the same time trust in the relationship.”
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The Trial Court cannot order police protection mechanically. Unless the trial Court satisfies itself that there is an imminent need for police aid/police help, it cannot order for police protection on mere request.
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“It is to be noted that even though Nagarik Suraksha Sanhita, 2023 came to force from 1-7-2024, till today no rules are framed by the State. It is expected that State would take necessary steps in this regard at the earliest.”
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“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
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“It is not under dispute, rather it is clearly voiced in the post-mortem report that, the left kidney of the deceased was not traceable. The truth behind this missing kidney is yet a mystery, which has never been inquired or investigated into.”
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“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”
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The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.
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“Right to contest the elections is a statutorily guaranteed right, and the same cannot be denied in a completely arbitrary manner and which prima facie appears to be illegal.”
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“It can be discerned that there has been no embezzlement of funds as every transaction was within the knowledge of petitioners.”
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Where the defamatory statement is repeated by the plaintiff while responding to employment inquiries or during job interviews, the defendant’s liability does not stand extinguished. Where the plaintiff has no meaningful choice but to disclose the defamatory rationale to prospective employers, such compelled republication imposes continuing responsibility upon the defendant.
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The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.
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The core issue in the case was the ongoing unauthorized construction at a property in Gali No. 9, Chuna Mandi, Paharganj, Delhi. The petitioner sought court directions to halt the illegal activity and ensure enforcement.
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“Both the registered proprietors are well equipped to protect their rights flowing from registered GI in Kolhapuri Chappals by bringing action against PRADA, if they believe that PRADA is unauthorisedly using the registered GI.”
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“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”
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“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”
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