Bringing you the Best Analytical Legal News
“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”
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The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.
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Delhi High Court observed that the plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000.
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The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
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While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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A person who defies the law and refuses to exhume the body cannot take umbrage in the delay of enforcing the law and make the Court ‘fait accompli’.
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“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”
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Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.
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The defendant, Dhanpreet Singh Trading was restrained from seeking any statutory rights by applying for trade marks or copyrights in respect of the red-box device mark ‘SUPREME'.
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Bombay High Court perused details of all 41 cases and noted that the petitioner was apparently arrested in one case and came to be arrested in other cases on transfer warrant, pleaded guilty in all 41 cases.
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Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.
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Bombay High Court highlighted that the Gram Panchayat had already issued NOC in favour of the petitioner but passed a resolution obstructing mobile tower installation and operation based on apprehensions.
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The present case is a classic example of frivolous and vexatious litigation, where this Court encounters incoherent and confusing stories in the name of facts and absurd reliefs. Filing such cases as the present one is doubtlessly not only frivolous and vexatious, but annoying and such a litigant must be subject to some kind of sanction.
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When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
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To assist the Nodal Officer, minimum secretarial staff shall be provided by the State Government.
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In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.
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The Court observed that a person gets caste by birth and remains forever unless there are circumstances indicative of the individual having embraced not only a new order but being outcasted from the original order.
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Delhi High Court observed that the working of the Defendant’s ‘Present and Record’ feature when compared with the Claims would demonstrate that almost all the same steps therein are present in the Defendant’s product, thus, prima facie, establishing infringement.
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Delhi High Court directed MEA to prominently post and make accessible the SOP and Guidelines on its website, if not already available, within one week from the date of the order.
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“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”
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