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“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
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The petitioner, Zilla Parishad stated that the respondent’s case, who is the employee of the Zilla Parishad, shall be governed under the Maharashtra Civil Services (Pension) Rules, 1982.
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“The well settled proposition of law is that simple denial of the whereabouts of an offender by his family members does not amount to harbouring such family member.”
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“The wife may be willing to resume her marital life with the husband, but in view of the mental cruelty caused by her, the husband’s unwillingness for reunion is a justifiable one”
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The use of colour scheme of pink, orange, yellow of the defendant’s mark is deceptively similar to that of the applicant’s mark.
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The opposite parties requested to appoint a Pleader Commissioner under Order 39 Rule 7 CPC to inspect the suit land and report whether it is being used as a school or remained a paddy field, as claimed by the petitioner.
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A PIL was filed by a social worker-petitioner in 2014 in relation to New Year eve liquor party, but no action was taken, hence, petitioner sought re-enquiry.
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“…simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.”
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The employees ignored multiple communications from the petitioner-employer urging them to return to duty and moreover, there was no evidence that any of the employees made a genuine attempt to report back.
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The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.
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Acknowledging the principle of territoriality, prior use in international jurisdictions, the registration obtained for the subject mark ‘WR’ in such territorial jurisdictions and other relevant materials produced by Yamaha, the Court directed fresh review of the application.
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Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.
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“As there is no specific allegation that how the advertisement was false and misleading so as to constitute the offence punishable under Sections 3, 4 & 7 of 1954 Act then there was no occasion for the trial court to take the cognizance and summon the petitioners to face trial.”
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The open spaces, being exposed and outside the inner measurement of a residential unit, shall be excluded from total built-up area computation. If after excluding these spaces the residential unit’s built-up area remains within 1500 sq.ft., the assessee is eligible for tax deduction under Section 80-IB.
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The Court noted that the authorities appointed under the SOPs were either ignorant about it or lax in following the time frames and guidelines in strict letter and spirit.
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“For inclusion in the list, merit and suitability in all respects should be the governing consideration and seniority should play a secondary role. It is only when merit and suitability are roughly equal that seniority will be a determining factor…”.
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The Additional Commissioner of CGST and Central Excise, Siliguri Appeals Commissionerate, vide Order dated 22-3-2023 held that Sections 54(3) and 29 CGST Act do not provide for refund of unutilized ITC in case of closure of business.
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In the instant matter, the petitioner, a student with 100% hearing impairment, approached the Court raising grievance regarding lack of adequate assistance, particularly the non-availability of an interpreter and denial of home-based instruction.
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“The investigation cannot remain indefinitely pending, and it shall not extend beyond a reasonable period, so as to infringe upon the petitioner’s right to life under Article 21 of the Constitution of India.”
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Every prisoner should follow the rules and regulations of the prison and carrying prohibited items with him inside the prison will make him ineligible for transfer to an open prison.
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