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“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”
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Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.
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The Commission stated that the treating doctor is the best judge in a case where multiple options/ tests are available in respect of a particular ailment.
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“Though Articles 19(1)(a) and (b) of the Constitution gives freedom to raise one’s voice but the possibility of the event creating a law-and-order situation which can result in loss of lives, property, etc is an important factor which has to be taken into account by the law enforcement agencies.”
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“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”
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“The very integrity of the entire selection process was compromised and DSEU could not determine its extent and hence, had to resort to cancelling the entire examination process, to protect the sanctity of the recruitment process.”
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“When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.”
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The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.
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“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”
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“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar
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“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
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“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”
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“Notification No. 179(E) issued by the Ministry of Health and Family Welfare must be held to be prospective in application as petitioners have already secured requisite Certificate of Medical Indication from Delhi State Level Medical Board, Department of Family Welfare prior to amendment taking effect.”
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“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
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“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”
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Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.
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“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”
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Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.
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While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
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“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”
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