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“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”
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The application is filed by Jammu and Kashmir Bank against the Himalayan Mineral Waters Private Limited for a total financial debt of Rs. 50,04,38,456/- for the credit facilities availed by Leel Electricals.
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If any accused chooses to avail legal remedy and that too in terms of specific judicial pronouncement, he cannot be blamed for causing delay in the matter. Since he continued to be in detention, he was, even otherwise, not going to dig out any advantage at all, by exploring such other possible legal avenues.
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The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.
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The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.
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A same act may not amount to cheating and criminal breach of trust at the same time as for cheating, dishonest intention must exist at the inception of the transaction, whereas, for criminal breach of trust, there must exist a relationship between the parties, whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.
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The Court observed that spurious liquor can cause devastating trauma and huge tragedy. It affects the poor people who go for a cheaper alternative of liquor, as usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature.
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Paper-I (Practice and Procedure of the Supreme Court) of the Advocates-on-Record (AoR) Examination held on 10 June 2024 stands cancelled in view of the technical glitches experienced by candidates appearing for computer-based examination at the examination centre.
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Madras High Court viewed that the Union must confirm that the process has been commenced with a clean slate to receive suggestions and objections regarding the proposal to ban the import of ferocious dogs.
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The Court allowed the ‘indigent woman’ to file an appeal as an ‘indigent person’, as her indigency was not extinguished by the compensation awarded, for she did not actually receive the money at the time of filing the appeal.
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Sikkim High Court opined that the prosecution’s case was established beyond all reasonable doubt following which they found no reason to differ from the findings of the Trial Court
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The Court noted that the appellant had accepted the award of all other claims except the one disputed, therefore they could not seek the setting aside of only the disputed claims as it would amount to seeking modification of the Award.
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Upon reviewing the photographs, it remained uncertain whether the wife is indeed depicted, as suggested by the husband’s counsel on charges of adultery. Given the prevalence of deepfakes, the husband will need to substantiate this claim with concrete evidence before the Family Court.
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Keeping in view the rules of natural justice, fair trial and criminal jurisprudence, the accused will be entitled to supply of those additional documents which may be filed against the co-accused with whom he has been alleged to have conspired with and as stated above, to additionally address arguments on charge on the basis of such additional material directly involving his role in the conspiracy.
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The Court opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching students in schools and thus, there is no difference between the contract teachers and the guest teachers.
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Petitioner stated that he had not filed any such or similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition on 01-04-2024 and the present petition was filed on 17-05-2024.
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The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.
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(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
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The petitioners submitted that the film “Hamare Baarah” portrays lives of married Muslim women to have no independent rights as individuals in society owing to “Aayat 223”, a verse in the Quran which in his view is entirely wrong and a misreading of the verse.
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The clear ineligibility to any unilateral appointment is set out in Section 12 of the Arbitration Act read with the Seventh Schedule of the Act. After the 2015 Amendment to the Act came into effect, any unilateral appointment would be contrary to the law.
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