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“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”
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A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail.
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The Supreme Court has held that children born from Null and Void marriages would be entitled to rights in or to the absolute property of the parents and no other person.
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High Courts are superior Courts of records, and the power to review orders is not restricted by the provisions of the Arbitration and Conciliation Act, 1996.
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It was alleged by the wife in the said FIR that she was subjected to physical abuse by her husband, who had pronounced triple talaq and was in relationship with another woman.
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“Medical advancements often encompass both known and unforeseen risks, and individual autonomy in making informed decisions about treatment options is the cornerstone of patient rights.”
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“Plantation of trees is one such exercise which this Court would consider for countenancing contemnors’ act of contempt, because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the people.”
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“The Appellate Court while hearing an appeal against an interim order ought not to disturb the prima facie findings, but it can substitute its own discretion when it is found that the Trial Court has exercised the jurisdiction in ignorance of settled principles of law.”
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While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.
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The DM as an appellate authority can ensure that no one should make any hindrance to a senior citizen to enjoy the property as per his ‘need’, and the right to eviction is the last step.
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“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”
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Calcutta High Court held that there were latches on the part of the Trial Court in appreciation of evidence with regards to the alleged offence under Section 498A of the IPC.
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“The authorities are best judges to maintain the discipline of the Force. Unless gross violation of natural justice or perversity in the quantum of punishment compared to the quantum specified is seen, it will not be wise to interfere in writ jurisdiction although the power of this Court is sufficiently wide to root out any illegality wherever found.”
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Calcutta High Court held that the order passed by the assessing officer under Section 148A(d) of the Income Tax Act was not a non-speaking order and did not suffer from a lack of application of mind.
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Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.
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The Court in an extraordinary measure, also issued directions regarding vacancies pertaining to the Assistant Engineers posts
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Madras High Court said that the false indigent certificate was issued when the petitioner was 30 years old, thus, he should be aware of the consequences of suppression of vital fact and obtaining a certificate based on such suppression. He cannot not claim ignorance. He cannot claim innocence and he cannot seek indulgence from the Court.
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“The fact that wife confessed making a vicious complaint against her brother-in-law to the High Court clearly shows that her motives were not clean insofar as her brother-in-law is concerned, and she clearly wanted to wreak vengeance against her in-laws”
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The prosecution alleged that one accused brought the victim to a hotel, stupefied her by providing liquor and the two engaged in sexual intercourse with her.
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To interpret ‘proceeding decided’ as entire proceedings and not a part of a proceeding would amount to restricting the exercise of revisional jurisdiction which is not as contemplated under Section 210 of UP Revenue Code.
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