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The Court also acknowledged the husband’s difficulty taking leave every now and then and allowed him to appear through video conferencing for the days when his physical presence is not required.
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“The Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination”.
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In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.
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“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”
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“Budgetary Support Scheme is limited to the tax which accrued to the Central Government under the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Act 2017, after devolution of the Central Tax or the Integrated Tax to the States.”
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“Fiscal legislation having uniform application to all registered persons, cannot be said to be violative of Article 19(1)(g) of the Constitution and the question of such statutory provision being violative of Article 302 of the Constitution and in teeth of Article 13 of the Constitution of India does not arise at all.”
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“There are repeated cases wherein litigants have raised allegations against Trade Marks Agents and Patent Agents and apart from reprimand from courts, there are no other consequences that visit them.”
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If an officer, mechanically, under the guise of prevention of crime and to protect others, opens or extends history sheets, it impacts the right to privacy of not only the individual against whom the order is passed, but also causes harm to other person’s rights.
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“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”
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“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
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Supreme Court left it to the Union Government to determine whether a change in law was warranted through diverse considerations falling within its remit during policy making choices and decisions.
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In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.
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“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”
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Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.
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Madras High Court rejected the argument of the respondent that the Revised Guidelines for Idol Immersion can be implemented only regarding immersion and not regarding manufacturing activity.
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In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.
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Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.
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Punjab and Haryana High Court tagged the instant petition to be an abuse of the legal process for covering up the petitioners’ illicit relationship on being caught.
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“The plaintiffs have a family of marks all of which use the “TAK” suffix; therefore, the “TAK” suffix has become a source identifier of the marks of the plaintiffs and is, thus, the dominant part of the mark.”
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At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
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