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The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
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The issue under consideration is whether the result of a polygraph test can become ground of discharge of an accused at stage of charge and could the learned Judge while passing order on application for grant of anticipatory bail, pass an order suggesting to the IO to conduct polygraph test of accused and victim to ascertain the truth of the matter without there being a prayer by accused or prosecution.
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“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”
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“There has been large growth in the legal profession of first- generation lawyers making their mark, some of them young ones, coming from National Law Schools and other prominent Law Schools”.
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Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.
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Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.
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“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”
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The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.
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The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.
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The weighted average shareholding method is applied by taking average shareholding held by particular shareholder for the year for the purpose of calculating proportionate electricity required to be consumed by it in terms of the second proviso of Rule 3(1)(a).
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“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”
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“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.
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The present suit relates to the idea of a storytelling platform, there can be no monopoly over the running of such a platform. However, all such platforms that share stories about various individuals/subjects would be attaching/incorporating their own creative ways to communicate and disseminate the said stories, which constitute the expression. Such expression is protectable under Copyright law.
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“Primary aim of refresher course is to strengthen knowledge of old photographer in the light of advancement that has occurred in field of photography, equipment and related techniques, digital mode, etc. The refresher course is intended to upgrade all old school photographers and enhance their knowledge and skill, as digital technology has modified entire process of camera and photographs.”
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“If an ad interim injunction is not granted in the present case it will cause irreparable loss to the plaintiff, as the defendants’ packaging is deceptively similar to that of the plaintiff’s, which causes confusion to the customers.”
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Taking a narrow view as to what acts could constitute an obscenity would be a retrograde act. Surely the provisions of Section 294 of IPC would not apply to all the situations and thus, the Court cannot countenance a situation where acts such as the ones referred to in the FIR would be judged by a Police Officer, who in his personal opinion considers them to be obscene acts to cause annoyance to any member of the public.
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Calcutta High Court held that when a decision involves a commercial transaction, it is primarily governed by commercial considerations not any public interest.
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“The Family Court has committed an error of law in allowing the application under Section 311 of Criminal Procedure Code, 1973 along with the certificate issued under Section 65 of the Indian Evidence Act, 1872.”
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Calcutta High Court held Arbitrator’s refusal to decide question of interest under the MSMED Act constitutes a “decision” and therefore, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.
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Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
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