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Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.
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Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.
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“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”
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By instituting a more structured and stringent framework, Section 132 ensures that audit firms and professionals adhere to internationally recognized standards, thereby fostering greater transparency, accountability, and confidence in financial reporting.
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The Court also upheld the constitutional validity of Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 which repealed the Karnataka Contract Carriages (Acquisition) Act, 1976.
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A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.
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“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”
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The Court held that the requirement of 10 years’ experience in High Court/Supreme Court practice, as outlined in the State Litigation Policy, is not mandatory pre-condition for appointment as AAG.
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The Court stated that no leniency was justified in such cases.
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Limitation for prosecution under Section 498-A1 of IPC does not continue for indefinite period as such interpretation will render Section 4682 of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.
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The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.
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It is not for the Election Commission of India (‘ECI’) to resolve internal management disputes of political parties and in case of any grievance, the remedy may lie in taking recourse to filing a declaratory suit or any other appropriate civil remedy.
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“The plea for rectification of an unevaluated answer does not involve a challenge to the examiner’s discretion or marking scheme but seeks judicial intervention to correct an apparent omission. Such omissions undermine the credibility of the examination process and can adversely affect the outcome for candidates.”
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“The circumstances taken cumulatively must be so complete that there is no escape from the conclusion that, within all human probability, the crime was committed by the accused and none else. While there is no doubt that conviction can be based solely on circumstantial evidence, great care must be taken in evaluating circumstantial evidence.”
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“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”
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“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
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The Supreme Court, in its order dated 19-12-2024, provided specific guidelines regarding the reservation of posts for women and the election process. These directions necessitated a review of the existing election framework by the Delhi High Court, which had earlier scheduled the elections for 07-02-2025.
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“It appears that a deliberate attempt has been made to demean the functioning of the Court by filing this application by conflating two entirely different issues, though an alternative approach is available.”
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If the University gave necessary accommodation of issuing provisional eligibility based on predicted marks and then if the student does not actually score as per prediction, then the College or the University cannot be blamed.
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The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.
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