Bringing you the Best Analytical Legal News
Recognising the plaintiffs’ right to protect their goodwill and trademark against a coordinated online campaign, the Court issued interim injunction in favour of them
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“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
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It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
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Unfilled vacancies do not entitle non-selected candidate to appointment where cut-off and 10% waitlist rule duly applied
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“Entries contained in police records or arrest memos are merely declaratory and do not constitute infallible or conclusive proof of the time of arrest.”
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Employees cannot be denied higher pension benefits due to employer or record-keeping lapses; authorities must assess claims based on all available evidence and adopt a practical, non-technical approach.
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Allahabad High Court explains when an offence transcends law and order to affect public order, upholding preventive detention under NSA.
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“Such public roads are built and maintained through taxpayers’ funds. Therefore, there must be an equitable use of such roads, particularly by industries established for commercial gains.”
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The Court held that the scope and adjudication of the appeals had to be confined to the direction given by the Single Judge, and nothing beyond that.
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“Doctrine of Comity of Courts is important but not absolute, and welfare of the child is the paramount consideration.”
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The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
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“The DERC has failed to disclose to the DISCOMs the ‘public interest’ in which it was found expedient to entrust audit to CAG and therefore, there was no opportunity for the DISCOMs to represent against such audit.”
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“A party cannot be permitted to ‘blow hot-blow cold’, ‘fast and loose’ or ‘approbate and reprobate’. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself.”
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The Court explained that the functioning of the High-Powered Committee is still at a nascent stage and therefore, the incorporation of this additional mandate, being of utmost significance, would not burden its proceedings.
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The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.
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“Testimony of a Single Witness falls into the category of being neither wholly reliable nor wholly unreliable, the Court must exercise caution, look for corroboration and should not convict on that testimony alone.”
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“The Registrar Generals of all the High Courts are hereby directed to communicate this order and submit a report along with the details of the Bar Associations that have failed to comply with the order or are reluctant to comply with these directions.”
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“The facts of the present case disclose a peculiar and rather disturbing situation, wherein an educational institution has been drawn into the ambit of a criminal investigation solely Banker’s lien on the ground that it received a fee payment through an online transaction from a parent who is allegedly involved in a cyber offence.”
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“Instead of admitting the mistake in placing the correct position before the Court, the petitioner blamed the Court for not uploading the order that was dictated in open court and has created an unpleasant situation leading this Court to recuse from hearing of the case.”
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“Despite being public servants, their conduct reflects scant respect for law of land the dereliction of duty on their part, which can be considered to be misconduct in service on their part, since they have failed to perform their duties in accordance with law.”
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