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“The discipline of precedent is not a matter of personal predilection; it is an institutional necessity. Stare decisis et non quieta movere… is a working rule which secures stability, predictability and respect for judicial outcomes. The law cannot change with the change of the Bench.”
Strong concerns are raised about misinterpretation and improper implementation of the newly adopted definition of the Aravalli Hills and Ranges. Their dissent arises from perceived ambiguity in the directives, creating a pressing need for further clarification to avoid regulatory gaps that could undermine the ecological integrity of the Aravalli region.
“Non-compete fee only seeks to protect or enhance the profitability of the business, thereby facilitating the carrying on of the business more efficiently and profitably.”
The Court issued specific direction to the Trial Court to expedite the hearing… particularly when the petitioner is languishing under incarceration for more than 8½ years.
Section 148 NI Act was introduced to remedy the systemic abuse of appellate processes, whereby convicted drawers routinely secured suspension of sentence and delayed payment of compensation for years, thereby frustrating the object of Section 138 of NI Act.
Legislature has defined “head office expenditure” in clear and unambiguous terms to mean executive and general administration expenditure incurred by the assessee outside India, including, inter alia, travelling expenses, salaries, and other administrative costs.
“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”
The Executing Court’s role in enforcing a decree based on a Lok Adalat award under the Legal Services Authorities Act, 1987 is limited to execution alone. It cannot annul, set aside, or question the validity of the award, and objections in execution cannot serve as an alternative remedy to challenge the award.
If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.
The Court observed that a narrow interpretation of provisions of the POSH Act would beget several procedural and psychological barriers for the aggrieved woman.
The Court observed that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter.
A statement made by a deceased person, regarding the cause of his death or to the circumstances which led to his death, to a Police Officer and recorded under Section 161 CrPC, shall be relevant and admissible under Section 32(1) of the Evidence Act, 1872.
The Court observed that administrative procedures should avoid complexity, redundant requirements, and unnecessary burdens, which waste time, expense, and disturb peace of mind.
BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.
The object of the Muslim Women (Protection of Rights on Divorce) Act is to secure the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.
Catch up with the latest developments in Family and Personal Laws across various High Courts and Supreme Court.
The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.
The Court will examine the establishment and functioning of private Universities across the country in the larger public interest.
Aravali Hills and Ranges is an area comprising significant biodiversity. The Range also act as a green barrier thereby preventing desertification in the Indo-Gangetic plains, Haryana, and western Uttar Pradesh.
“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”