Bringing you the Best Analytical Legal News
“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”
Continue reading
“Mere act of purchasing gold without bill is highly insufficient to confirm the grave allegations of conspiring the act of smuggling of gold. Presumptions and assumptions can never be the basis for imposition of penalty”
Continue reading
“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”
Continue reading
There is a conspicuous absence of any material evidence indicating that the petitioner carried out or attempted to carry out any diagnostic technique/procedure falling within the scope of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
Continue reading
“There is a strong public interest element, specifically public health element, in relation to the import of drugs. The drug involved in this case is Axe Medicated Oil and, in that specific context, the public health threat may not be significant.”
Continue reading
“If the enforcement of the PMLA is disrupted just because the IPC has been replaced with a new code, the entire mechanism would come to a halt, and offenders would escape liability due to a technicality.”
Continue reading
Special Court for economic offences took cognizance for offences punishable and Sections 51 and 59 of Food and Safety Standards Act, 2006 (2006 Act) and initiated proceedings against Rohit Jiwa.
Continue reading
“The accused cannot be held liable based on high speed alone without any further evidence that the accused was in breach of his duty to take care which he had failed to do.”
Continue reading
The facts and documents on record clearly establish that both Chile and Peru, are using the word PISCO for their alcoholic beverages, and the impugned order had completely disregarded their shared history regarding manufacture of the beverage PISCO.
Continue reading
“The impugned road line had affected petitioner’s civil rights and therefore opportunity of hearing was necessary, though not specifically provided in Section 291 of the MMC Act and subsequently the Slum Rehabilitation Authority needs to properly apply its mind to all the relevant factors after granting opportunity of hearing to all parties concerned.”
Continue reading
“Providing opportunities for temporary release ensures that the ties between the prisoner and the society are not severed. Ensuring that the incarcerated have healthy roots in the society greatly assists in their rehabilitation and reintegration.”
Continue reading
The Court held that a woman having lived as a wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC and the technical plea of invalidity of marriage cannot be a valid ground to deny her maintenance.
Continue reading
“The legislation touching upon price control in India has always been specific, eloquent and reasonable, even though important, restriction on the right to carry on business has never been sought to be achieved indirectly or by implication and without setting out a statement of the policy of the legislature on this behalf.”
Continue reading
“An academic or personal opinion expressed by a student, teacher, or scholar on a legal judgment, even one involving sensitive issues, cannot be equated with any religious attack.”
Continue reading
“A newly wedded woman would not be in a position to demand receipts or independent witnesses while handing over the jewellery to the husband or in-laws.”
Continue reading
The complainant purchased 14 sarees from IHA Designs for his wife and relatives for his sister-in-law’s engagement function upon being influenced by the advertisements promising curated selections and high-quality craftsmanship.
Continue reading
“It has become an everyday malady of petitioners moving PILs, complaining of encroachment et cetera that the encroachers, and sometimes even officials of the Government, try to browbeat the petitioners by physical assault or threat into withdrawing the PIL.”
Continue reading
“A legal right accrued to a party to get a document registered as per the provisions of the Registration Act cannot stand defeated when reasons which exists are beyond the control of the party presenting the document for registration.”
Continue reading
The Court highlighted the egregious misuse of Delhi Rent Control Act, 1958 and observed that there are huge number of cases, where very well-off tenants enjoying financial prosperity, unjustly occupy premises for decades on-end, paying pittance for rent. While in the process, their landlords are forced into impecunious and desperate circumstances.
Continue reading
“The seriousness of the offence is made worse by the involvement of public officials and legal professionals, the creation of fake documents claimed to be several decades old, and efforts to make these false documents appear genuine by misusing official systems and legal procedures.”
Continue reading