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“The essence of the IBC lies in resolving insolvency matters through a process driven approach, and any deviation from its prescribed scope would undermine the legislative intent of the Code.”
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“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.
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“Since no research or scientific report has been placed by the petitioner to support the claims, we are not inclined to entertain the present petition.”
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“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”
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“It is clear that the impugned mark has been adopted by Respondent 1 dishonestly to trade upon the goodwill and reputation of the petitioner under the RAPIDO marks and to associate itself with the petitioner.”
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“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”
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The marks INDIA GATE and BHARAT GATE convey the same meaning and the difference in trade dress between the marks as visually depicted on the packages of the appellant’s and respondent’s products would not mitigate the confusion created by the infringement.
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The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.
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“The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”
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The Court further directed that condition of requirement of enrollment with Delhi Bar Council alone shall not apply in the case of NGT Bar Association.
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“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”
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“Decision taken by the CoC for liquidation in commercial wisdom of the CoC should not be interfered with by the Adjudicating Authority.”
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In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
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The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.
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Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.
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“The Court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice.”
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“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”
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“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”
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By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.
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“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”
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