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It is based upon the discretion of the applicant which Court they want to approach since both the Court, namely, High Court and Court of Sessions, have concurrent jurisdiction and the same cannot be restricted by construing the provision of Section 438 of CrPC narrowly.
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Allahabad High Court said that as the matter is very old, the Trial Court shall take into consideration the length of the litigation and shall proceed with the case in accordance with law in a time bound manner
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The Court gave a slew of directions to ensure the smooth and peaceful darshan of the deity during Anasara.
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Delhi High Court observed that Bangalore Water Supply and Sewerage Board v. R. Rajappa, 1978 (3) SCR 207 acts as a North star for the courts to reach the conclusion regarding the applicability of the Industrial Dispute Act to an organization by laying down elaborate guidelines with respect to the definition of ‘industry’ under Section 2(j) of the Industrial Dispute Act.
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Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.
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Bombay High Court granted ad-interim relief to a student who cleared Class 10 without science subjects, got admission in science stream in Class 11 and cleared Class 12 and competitive examinations with above average performance, but was denied Class 12 marksheet due to ‘ineligibility’.
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A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.
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The Court said that a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language for the Prime Minister of the Country and his late mother.
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Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.
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The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.
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The main concern of the women lawyers is over shrinking of the space or facilities allocated to them in the Nilgiris court complex.
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After examining the expenses payable and the detailed order of the CIT,the ITAT held that the CIT has correctly examined the invoices, period and purpose for the expenses which have not been paid for the last six years
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Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
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The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.
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The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.
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The Court also directed the Medical Panel to conduct an ossification test of the minor.
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Allahabad High Court remarked that Maulana Syed claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran.
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If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.
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Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.
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Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.
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