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“There were no traceable clandestine or fraudulent activities by Netlink and its Director in organising the impugned exhibitions for the ostensible organiser, and therefore it was unnecessary to undertake the exercise of lifting the corporate veil or applying group of companies doctrine.”
“The Arbitrator has clearly misconducted by citing the pretext of non-existent Covid-19 restrictions for his own inefficiency, but hurriedly making the award when lockdown restrictions actually existed.”
“The Tribunal conducted a factual inquiry, relying on quality certificates, mill test reports, IGC test results, and inspection reports of the third-party agency, all of which confirmed that the tubes supplied by the respondent was in accordance with the requisite specifications. Once this was established, the burden shifted to the petitioner to prove defects.”
“Denial of benefit of permanency to the petitioner on the ground of his status as HIV+ is clearly arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.”
“This is not a one-off case of failure on the part of BRH as Depository Participant but involved 9493 of its clients having credit balance of securities in their demat accounts.”
“TCS should consider itself lucky that Inspira was successful in selling TCS’s user-specific Servers… Otherwise, TCS would have been liable to pay the entire price.”
“The UPLA Secretariat terminated the agreement with TCS in 2016, citing anomalies in another examination conducted by TCS for the Railway Recruitment Board.”
“It was not disputed that the plaintiff’s prayer in the suit for recovery of the amount would be arbitrable. However, the plaintiff also sought redemption of mortgages executed in its favour and this was where the plaintiff claimed that the said claim was not arbitrable.”
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.
The Court further noted that the new statutory framework under Telecommunications Act, 2023 and Telecommunications (Right of Way) Rules, 2024, now governs the installation, operation and maintenance of telecommunication towers.
“In the present case, there is no challenge to Land Disposal Regulations, which empower Maharashtra Industrial Development Corporation (MIDC) to make allotments by entertaining private applications.”
Maharashtra Airport Development Company Limited (‘MADC’) is an instrumentality of State and is expected to act fairly. If MADC is permitted to retain the advance amount, the same would amount to unjust enrichment, as it has already allotted 33 acres of land to other entities at much higher rate.
Mere registration of title with the film producers’ association does not create any statutory right in favour of the plaintiff to restrain defendants from using the title ‘LOOTERE’ for making of their web series.
“Capability of a car for personal use would not ipso facto lead to automatic presumption that every car would be personal effects for being excluded from capital assets of the Assessee.”
Mere maintenance of running account by the appellant with GPIL, having continuous business transactions with them or mere repayment of advance within same financial year cannot be the reasons to admit that the amount of advance is actually utilized for execution of business transaction.
“Both the registered proprietors are well equipped to protect their rights flowing from registered GI in Kolhapuri Chappals by bringing action against PRADA, if they believe that PRADA is unauthorisedly using the registered GI.”
“It is evident that the provisions of the POSH Act apply where the relationship of employer and employee exists, thus, neither Bar Council of India nor Bar Council of Maharashtra & Goa can be said to be employer of advocates.”
“The impugned road line had affected petitioner’s civil rights and therefore opportunity of hearing was necessary, though not specifically provided in Section 291 of the MMC Act and subsequently the Slum Rehabilitation Authority needs to properly apply its mind to all the relevant factors after granting opportunity of hearing to all parties concerned.”
“There might be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If contention about impermissibility to add column in Form 26 Affidavit is accepted, such candidate would never be able to contest any election as disclosure of information about additional wife would attract ground for declaring the election void.”
A PIL was filed by a social worker-petitioner in 2014 in relation to New Year eve liquor party, but no action was taken, hence, petitioner sought re-enquiry.