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“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”
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“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”
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The Court was satisfied that plaintiff 1 — Domino’s IP Holder LLC had made out a prima facie case for grant of an ex-parte ad interim injunction, as they were likely to suffer irreparable harm in case the injunction was not granted.
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Remanding the consumer dispute back to the District Consumer Commission, the Court relied on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, wherein it was observed that a Court may not entertain a writ petition due to availability of an alternative remedy, but the said rule cannot be said to be of universal application.
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As per the petitioner, the society is an autonomous body and is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.
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The Court quashed the notice of reassessment issued on 31-3-2023 as it surpassed the ten-year block as prescribed u/S first provision to Section of 148(1) of the Income Tax Act, 1961.
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While considering a matter revolving around dismissal of a Banker due to indiscriminate lending of money to fictitious persons, the Court stated, “Funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care than what individuals engaged in commerce ordinarily do.”
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The Court stated that when the State Government had incurred huge amount of money for providing medical facilities to the public residing in remotest part of the State, and the authorities responsible were absent and missing when they were needed the most, the State ought to take some stringent measures.
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“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”
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The question of limitation is a mixed question of law and fact and, therefore, the issue of limitation could not have been decided by the local committee at the threshold stage without evidence.
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The Court opined that by clarifying the effect of “vesting” in the Central Government, the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 seeks to achieve the object behind enacting the Sick Textile Undertakings (Nationalisation) Act, 1974 and the Sick Textile Undertakings (Nationalisation) Act, 1995.
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The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.
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“Invoices issued by the defendant have also been procured which exhibit that they are selling products not only in their store under the name of “FAB INDIA EMPORIUM” but they are also selling their products under the same tradename.”
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Independent News Service Private Limited was incorporated in the year 1997 by its Chairman and Editor-in-Chief, Rajat Sharma and got the permission from the Ministry of Information and Broadcasting, Government to uplink its 24 hours Hindi News channel called INDIA TV.
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“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
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If any accused chooses to avail legal remedy and that too in terms of specific judicial pronouncement, he cannot be blamed for causing delay in the matter. Since he continued to be in detention, he was, even otherwise, not going to dig out any advantage at all, by exploring such other possible legal avenues.
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The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.
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The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.
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A same act may not amount to cheating and criminal breach of trust at the same time as for cheating, dishonest intention must exist at the inception of the transaction, whereas, for criminal breach of trust, there must exist a relationship between the parties, whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.
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The Court observed that spurious liquor can cause devastating trauma and huge tragedy. It affects the poor people who go for a cheaper alternative of liquor, as usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature.
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