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Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.
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“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”
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The possibility of marking a lien on disputed amount, whenever it is identifiable, should be explored as a more appropriate interim measure. Ideally, it should be the first and foremost option.
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“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”
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“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”
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Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.
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The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.
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The Court underscored the necessity of concrete evidence in criminal prosecutions, particularly in cases involving digital content. The ruling reinforces those mere allegations, unsupported by forensic proof or substantial material, cannot justify the continuation of criminal proceedings.
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The Court observed that before alleging defamation based on a tweet, the plaintiff should bear in mind the conversational nature of medium and bear responsibilities for the content of its own tweets which lead to the Impugned Tweets.
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“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”
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The petitioners had completed their LL.B., but disputes had arisen as to the recognition of their college as a recognized institute.
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After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.
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“There are no cogent reasons or circumstances that have been established by the authorities to the satisfaction of the judicial conscience of the Court, that the disability suffered by the cadet was neither attributable nor was aggravated on account of military service.”
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The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.
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“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”
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Clause 2.8.1(f) of the General Conditions of Contract, which enables MMRDA to terminate the contract without assigning any reasons, cannot be read to mean that MMRDA has a licence to act unfairly, or arbitrarily.
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“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”
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The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.
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The Court held that Moonshine had demonstrated a prima facie case for a grant of injunction, the refusal of which would cause an irreparable loss to it.
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“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”
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