Bringing you the Best Analytical Legal News
The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.
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Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to
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The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.
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Holding that wilful abstention from inquiry after receiving a court notice attracts constructive notice, the Supreme Court ruled the respondents’ 2022 revocation application hopelessly time-barred under Art. 137, Limitation Act, and restored the Single Judge’s dismissal order.
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“Addressing the apprehension of auction sale of an arrested vessel, the Bombay High Court held that in view of the earlier auction process having failed due to technical reasons and the petitioner having made out a strong prima facie case, no auction of the vessel would be permissible at this stage.”
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In the present case, the Allahabad High Court examined a challenge to a murder conviction, focusing on how much weight should be given to witness statements recorded at different stages of the trial, including those made before the accused was summoned.
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The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.
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“Transfer of toll collection rights through competitive bidding for commercial consideration is manifestly a business activity and not an inalienable sovereign function. Sovereign functions are those which can only be performed by the State, such as defence, legislation, policing and administration of justice sovereign functions cannot be delegated.”
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The Court noted that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Government Circular, due to which many innocent children died.
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Reiterating the distinction between territorial jurisdiction and forum convenience, the Supreme Court held that once jurisdiction is validly attracted under Article 226(1) by the presence of necessary respondent authorities within a High Court’s territorial limits, the doctrine of forum non conveniens cannot be routinely invoked to decline adjudication.
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The Court held that welfare of the child remains the paramount consideration, but such welfare must be assessed after considering all relevant facts and circumstances rather than through a summary determination based on affidavits.
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The case concerned a daylight incident involving the killing of two family members inside their residence, resulting in a death sentence by the Lahore High Court. The matter reached the Supreme Court of Pakistan on a challenge raising issues of evidence and motive.
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Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
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The Delhi High Court while allowing a rectification petition filed by Renee Cosmetics (P) Ltd held that the mark “GLASS SKIN” is descriptive of skincare products and directed cancellation of its trade mark registration, finding it hit by Section 9(1)(b), Trade Marks Act, 1999.
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The High Court held that once a final decree has been passed, the said decree can neither be amended nor revised, and the only remedy available to a party is to challenge the decree under the appropriate provisions of law.
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The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998. The Court held that the respondent is entitled to 1st, 2nd, 3rd financial upgradation on accomplishment of 30 years of regular service.
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Observing that certain provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 were challenged for being ultra vires, the Court granted interim relief by restricting the Commissioner of Income Tax (Appeals) from passing any coercive order against Anil Ambani.
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The Delhi High Court, in a criminal contempt petition under Article 215, held that freedom of speech does not protect scandalous and unsubstantiated allegations of corruption and criminality against a sitting Judge, as such publications undermine the administration of justice.
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A third Judge empowered to reopen unanimous findings would mean convicts filing composite appeals gain an advantage unavailable to those filing separate appeals. That, the Supreme Court observed, may offend Article 14. The question goes to a larger Bench.
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Delhi High Court held that ‘Ocean Pearl’ remained the dominant feature of the impugned mark ‘Prestige Ocean Pearl’ and granted an ex parte injunction restraining its use in connection with a luxury real estate project. The parties have also been referred to mediation.
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