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The accused has undergone inordinate incarceration for 4 years and 3 months. Even otherwise, given the snail’s pace of the proceedings in the Trial Court, it may so happen that before the same concludes, the applicant may end up undergoing the entire sentence without being held guilty.
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“Asha Bhosle has the right to control the use of all facets of her personality since the same formed part of her exclusive Personality Rights and the misappropriation of the same without her consent was liable to be restrained not only on the basis of the publicity rights but also on the basis of the tort of dilution, more particularly, tarnishment.”
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“The act of District Administration by pressurizing a citizen of a democratic nation to pay double the fine or compensation amount vis-a-vis the amount specified as compensation is highly condemnable and in breach of the basic human and legal rights provided by the Constitution.”
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“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”
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“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
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The Advocate failed to inform the appellant that the case had been withdrawn by the opposite party three years ago, thus the Court stated that right created in favour of one party cannot be taken away when the delay was a direct result of the negligence and inaction of other party.
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“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
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“A Company which is faceless in India, cannot on the basis of baseless allegations, come forward and challenge the laws of the nation.”
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“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
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Allegedly, the accused persons had hired 30-40 masked men to criminally trespass Hotel Sarovar Portico, Vasant Kunj, due to ongoing dispute over the possession and ownership of the same.
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The problem that Malabar Gold now faces is that several posts/materials/stories are being posted on social media platforms against it by random persons seeking to connect Malabar Gold with the neighbouring country.
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“Anupam Mittal could not be alleged to have committed any offence in his personal capacity.”
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The power envisaged under Section 34(4)(b) of the IBC is a power to recommend the replacement of the particular Resolution Professional on facts specific to that individual and is not a general power that could be exercised by the IBBI for issuing the Circular.
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“The evidence, whether oral, documentary, or circumstantial, falls short of establishing the essential ingredients of the alleged offence of bribery.”
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“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”
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“Bihar Prohibition and Excise Act does not prohibit sale etc. of the non-alcoholic substances in conformity with the standard set by the BIS”
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“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
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“Time and again this Court has cautioned the Courts to eschew the tendency to pass strictures and remarks against the public servants unless the same was absolutely necessary for disposal of the case and the concerned officer has been put to notice.”
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The Court observed that merely because the girl had now given birth to a child the acts of the applicants could not be brushed aside.
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“The Corporate Debtor in the present case was running into substantial losses which has now become a profit-making entity earning substantial profits. The SRA — JSW invested huge amounts in modernization and expansion of the entity. Not only that but thousands of employees have been earning their livelihood on account of the Corporate Debtor running as an on-going concern due to the Resolution Plan being implemented by the SRA — JSW.”
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