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The person against whom the FIR was to be registered, as directed by the Magistrate, had approached the Court to revise the said order by setting it aside.
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“Once security deposit does not fall within the purview of Section 2(g) of the Recovery of Debts due to the Banks and Financial Institution Act, 1993 defining “debt”, the Tribunal would have no jurisdiction, as per Section 17 of the same Act.”
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“The President of Jammu Kashmir Sharnarthi Action Committee which raised voice for the displaced persons was aggrieved by the unjust treatment meted out to the DPs of 1947 who were illegally displaced from PoJK, particularly regarding their recognition as Scheduled Tribe under Pahari Ethnic Group and issuance of a PSP Certificate.”
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A dispute arose between Karan Paul and K.P.H. Dream Cricket Pvt. Ltd. Owner of IPL franchise Punjab Kings which was to be decided by the Sole Arbitrator as per the Company’s Articles of Association.
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“The investors were induced to deposit amounts in Indian currency with promises of receiving returns in dollars, including 2% daily, 60% monthly, and 720% annually. It was alleged that the total investment in the scheme exceeded Rs 50 crore.”
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“Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence. It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”
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“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”
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“Under Section 139 of the NI Act, there is a presumption that the holder of a cheque received the cheque of the nature referred to in Section 138 NI Act for the discharge, in whole or in part, of any debt or other liability. This presumption can be rebutted by evidence led in trial.”
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No specific allegation was made that the petitioners, who were not members of a scheduled caste or scheduled tribe, had intentionally undertaken an act to insult, intimidate or humiliate the first informant, who is a member of the scheduled caste.
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Once arbitral award attains finality up to the Supreme Court, separate civil suit challenging underlying transaction on grounds of fraud is barred by Section 5 of the Arbitration Act and principles of finality.
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“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.”
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In the case at hand, a written complaint was filed by an ex-student of Motilal Nehru National Institute of Technology, Allahabad alleging that during her Masters, a Lecturer had established a physical relationship with her against her will.
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“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”
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“Under the Triple Test, the Trust’s activities were systemic and organised, aimed at fulfilling human wants, including spiritual or religious needs, while also involving commercial operations. Therefore, its functions were not purely religious or selfless but carried out in a commercial manner, thus falling within the definition of ‘industry’.”
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“Bhagavad Gita may be recognised as national (Rashtriya) Dharma Shastra. It speaks about internal and eternal truth… Bhagavad Gita cannot therefore be confined within a given religion. It is a part of Bharatiya civilisation.”
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“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”
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The Court also directed the IMC to file an action report in this regard, mentioning the data on the sterilization of stray dogs along with an affidavit of a senior officer.
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Vartika was approached by a man claiming to be politically well-connected, especially to former Minister Smriti Irani, and he offered her membership of the National Commission for Women for Rs 25 Lakhs.
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The prosecution alleged that the co-accused established bogus firms under different names and that transactions of these firms were carried out by accused Vibhor Rana using the bank IDs and passwords of his associates and employees, thereby facilitating the illegal sale of the cough syrup.
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“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”
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