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There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.
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Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
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The Court opined that it may not be proper to look at specific questions and the answers pointed out by the different petitioners and to re-evaluate each of them. Thus, the Court restrained from detailed examination of the objections raised, but for completeness, it dwelled upon specific contentions.
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The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.
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“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
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The Court noted that apart from one WhatsApp message, which was not incriminating, nothing else was found from the raid at the petitioner house. Still the petitioner has been behind bars for a substantial period of more than 2½ years.
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The Court stated that ‘Electro Homeopathy’ is not a recognized form of medicine, and its analysis does not fall within the jurisdictional purview of Homeopathic Pharmacopoeia Laboratory.
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Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.
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“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”
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The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.
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The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.
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The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.
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In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.
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“When the testimony of the victim child inspires the confidence of the Court and is found to be reliable, there is no necessity to look for other corroborations.”
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The Telangana High Court’s order quashing the cheating case against BMW was upheld and the direction for the replacement of the old defective vehicle with a new vehicle was set aside.
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In 2022, the Supreme Court had stayed the criminal prosecution against the accused Army men, after noting that the sanction under AFSPA has not been obtained.
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In January and June 2024, the Jindal India Limited discovered that the defendant, Rawalwasia Steel Plant Private Limited, had adopted a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes.
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The Committee shall identify the number of investors and database of investors, and also determine the amount to be refunded to each investor. An Escrow Account with a bank designated by SEBI, shall be opened and all sale proceeds shall be deposited in that interest-bearing account.
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Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.
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The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.
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