Bringing you the Best Analytical Legal News
The plaintiffs, EBC Publishing Pvt Ltd (Eastern Book Company), a pioneer in law publishing for over 84 years and publisher of the widely cited Supreme Court Cases (SCC), approached the Court seeking protection of their flagship ‘coat-pocket’ edition of the Constitution of India, distinguished by its iconic red and black trade dress.
Continue reading
The prosecution had raised a preliminary objection regarding the maintainability of the petition contending that the Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 puts an embargo on the High Court from hearing any anticipatory bail application.
Continue reading
“Selection and admission to the Sainik School are subject to fulfilling admission criteria, eligibility, rank, merit list, medical fitness, verification of original documents, and such other criteria as may be prescribed by Sainik School Society. Therefore, in the event of an unfit medical report, the Principal is mandated to click the reject button on the e-counselling portal.”
Continue reading
“It is open to the High Court to prescribe the criteria including cut off marks and ‘minimum marks qualification’ as has been envisaged in clause 8.4 of the notifications to assess the merit and suitability of the candidates to perform the sacrosanct duties of Judicial Officer.”
Continue reading
The Court also pointed out that service of summons on the accused in a complaint filed under Section 138 of the NI Act continues to be one of the main reasons for the delay in disposal of the complaints.
Continue reading
“Indian classical music rarely follows a system of written notation or publication. Since ancient time, the compositions of Indian music were taught orally in the gurushishya Parampara , where knowledge was passed down through oral learning, improvisation, and repeated performance, rather than formal documentation. Hence, after explicitly declaring that fixation is not required, using fixation and performance as the determinative is against the legislation’s aim and objective.”
Continue reading
“We do not find any reason that would outweigh the Rules of 2008 and the Circular. Moreover, the Rules of the Bar Council of India indicate that, besides English, students belonging to particular regions and States may write their answers in the regional language. For Maharashtra, the regional language is Marathi ”
Continue reading
“The land stated to be a playground was situated 500 meters away from the school and the fact that it was earlier used for conducting District and State Level School Sports Meets could not be used to indicate that the playground belonged to the school”
Continue reading
The Israeli national was not in possession of a valid passport or a valid visa to justify his stay in India as a resident, to qualify him for being granted an Aadhaar card.
Continue reading
Acting on a complaint by respondent 9, the NHRC, in three separate orders directed the Director General of the U.P. Economic Offences Wing to initiate an inquiry into alleged financial and other irregularities in the management of these madrasas.
Continue reading
In the case at hand, the video was recorded in someone’s device and transferred to the device of the respondent who had submitted the certificate.
Continue reading
“If the original document is lost or destroyed, detained by the opponent, or third person, who does not produce it before the Court or physically irrecoverable, the secondary evidence is admissible”.
Continue reading
“Maintenance and Welfare of Senior Citizens Act, 2007 was enacted to address the plight of older persons, for their care and protection. Being a welfare legislation, its provisions must be construed liberally.”
Continue reading
The Court opined that the applicants, upon finding out the lapse by the advocate’s office in filing the written statement, were vigilant enough to contact the Advocate themselves.
Continue reading
The Court stated that the present case is a stark reminder of the systemic inequity that daily wage workers suffered often under the garb of technicalities and institutional inaction.
Continue reading
“Mere entries in income tax returns or Form 26AS cannot, by themselves, establish liability under the Finance Act, 1994, unless corroborated by evidence demonstrating rendition of taxable service.”
Continue reading
“The Court explained that mere general allegations of harassment and cruelty without pointing out the specific details would not be sufficient to continue criminal proceedings against any person”.
Continue reading
“Multiple fora, including the Delhi Police, Gurugram Police, and the Delhi High Court, have found him lacking locus and credibility. His petitions have been dismissed with costs, and the Bar Council of India has directed removal of his name from the Roll of Advocates.”
Continue reading
“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”
Continue reading
In the present case, there was no variation in the petitioner’s income by the order of the Transfer Pricing Officer. The petitioner contended that since no income variation was made, there was no occasion for assessing officer to pass any draft assessment order and serve it to petitioner.
Continue reading