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The Court further directed the District and Sessions Judge to convene a meeting of all judicial officers of the district regarding adoption of casual approach in criminal trials.
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“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”
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“The inconvenience to the husband outweighs the inconvenience pleaded by the wife as her averments are unconvincing and lack credibility.”
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Because of his own default, the petitioner could not appear in the entrance examination held by the respondent and now seeks a direction for holding a fresh entrance examination only for him or allowance to appear without crossing the barrier of the entrance examination.
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“Incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence”.
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“At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.”
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The Adjudication Authority stated that the appellant’s activity of receiving income from transferring temporarily or permitting the use of the right vested in the film produced by them to their clients fell under the definition of copyright service under Section 65(105)(zzzt) of the Finance Act, 1994.
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“The themes and language used in the posts indicate inclination towards the glorification of anti-national ideology, which cannot be ignored.”
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Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the wife are not collateral or immaterial but rather, directly affect determination of maintenance which is a matter of subsistence.
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The Trial Court has relied upon contents of notarised agreement and held that plaintiff is in possession of suit property. It has erroneously been observed that prima facie value of document can be adjusted at the time of granting interim injunction. However, such observations are not in tune with legal position.
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“A reading of the statements made against the applicant would prima facie conclude that they have been making statements in derogatory and defamatory manner, which would affect the reputation of the applicant who is holding High Office.”
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“The petitioner had given birth to her two children prior to her induction in service but her prayer for maternity leave, though for her third child, came to be made for the first time during the service.”
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“By condoning the illegal acts of the violators who carry out encroachments, the State intends to treat such law breakers equal to those persons who abide by the law. This is arbitrariness, because by treating un-equals alike, the State is violating Article 14 of the Constitution.”
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Allowing former President of Operation ASHA to commence suit under Section 92 CPC, the Court clarified that reliefs insofar as the removal of the Respondent 1 from the post of President and board member, along with the grievances which the Respondents 1 and 2 respectively may have with the other board members, would have to be agitated in a separate suit.
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The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.
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The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.
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“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
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“Any regulations issued by an Electricity Commission in exercise of its delegated legislative power, are applicable to the PPA executed after the date when those regulations come into force and cannot be applied to the PPAs already executed prior to that date, unless the regulations expressly specify so.”
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“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”
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The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.
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