Bringing you the Best Analytical Legal News
“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.
Continue reading
Although interim bail is granted due to exigency or humanitarian or compassionate ground but in NDPS cases Courts may exercise that discretion in the event the Court is of the view that trial cannot be completed within a short period.
Continue reading
“Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the wife that she was subjected to severe mental trauma.”
Continue reading
The applicant is made an accused as it is alleged that he made a speech and because of the said speech, co-accused persons, i.e., his party workers/followers got excited and pelted stones at a bus.
Continue reading
“If left unattended indefinitely, the vehicle will inevitably suffer structural degradation, mechanical wear, and a substantial diminution in both its functional utility and economic value, rendering it unfit for future use.”
Continue reading
s per Clause 6 of the Government Order, a representative must be nominated by the State Police Chief. Given the gravity of the issue, the Court specified that the nominee should be an officer of no lower rank than Inspector General of Police.
Continue reading
The camouflaged and coercive manner in which service charge is being collected by the restaurant establishments itself shows the unlawful nature of the charge. This would clearly constitute an unfair trade practice under Section 2(47) of the CPA, 2019 as the collection of service charge materially misleads the consumer with respect to the price at which the food is being sold.
Continue reading
When the cross-examination was done in respect of attempted suicide by wife, she appeared before the Court by applying Mehandi on her hand to suppress the evidence of attempted suicide.
Continue reading
“Prima facie it appears to be a matter of policy, if the petitioner is of the opinion that the policy is arbitrary or in any manner illegal or it is prejudicially affecting the petitioner and/or society at large, it is for the State Government to take a decision.”
Continue reading
The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.
Continue reading
It is not every delay which by itself vitiates the detention order, but unexplained and unreasonable delay certainly can be looked into for considering the sustainability of the detention order.
Continue reading
“Even after 75 years of the existence of the Constitution, the law enforcement machinery of the State is either ignorant or does not care for one of the most important fundamental rights conferred on the citizens of India under Article 19 (1)(a) of the Constitution”.
Continue reading
On 06-03-2025, the Kerala High Court denied anticipatory bail to Shuhaib.
Continue reading
The plaintiff stated that on 22-01-2025, the defendant announced on various social media platforms that the Assigned Film will be released on 27-03-2025. He stated that the theatrical release of the Assigned Film is proposed in the Southern States of India i.e., Tamil Nadu, Karnataka, Kerala and Andhra Pradesh, Telangana and Pondicherry in original language – Tamil as well as overseas (except Nepal).
Continue reading
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
Continue reading
‘On the complete extinguishment of all tax liabilities of the Corporate Debtor upon the approval of the Resolution Plan, there could be no occasion whatsoever for the IT Commissioner to issue the impugned notice under Section 263 of the Act, seeking to revise the assessment order for the Assessment Year 2020-21.’
Continue reading
“It is unfortunate that even the Divisional Commissioner, Shahdol has chosen to merely countersign an order of rejection of appeal, without application of mind.”
Continue reading
“The power under Section 14 of SARFAESI Act has significant consequences, which is why it is entrusted to high-ranking officials like the District Magistrate or Chief Judicial Magistrate.”
Continue reading
Supreme Court pointed out that the provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.
Continue reading
“From physical assaults and verbal abuse to repeated acts of financial control and emotional blackmail, the husband was subjected to a state of perpetual distress, where fear and anxiety overshadowed any hope of marital peace.”
Continue reading