Bringing you the Best Analytical Legal News
“When the statute mandates what an authority shall consider, then it is obligatory for the statutory authority to consider those materials which the statute mandates”
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If the handwriting of a candidate is very poor, an individual examiner may be excused if she/he so observes, on the answer sheet. At the same time, if the handwriting is at all intelligible, the student is entitled to be marked for the answer.
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“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”
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Calcutta High Court emphasised on the importance of adhering to the standards set by the Supreme Court in selecting competent individuals for the Public Service Commission positions.
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Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.
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Supreme Court questioned the haste shown by the Central Govt issuing impugned notification during nationwide lockdown and held the inclusion of item 6 to be illegal.
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The delay in administration of justice not only interferes with the healing process of rape victims, but also prolongs their journey towards closure and recovery of such traumatic experience.
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Notwithstanding the conclusion due to inconsistent prosecution evidence, the Court emphasized that timely disclosure, effective investigation and prompt trial are necessary in sexual abuse cases involving young complainants.
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Calcutta High Court acknowledged the concerns raised by the petitioner regarding the potential harm caused by the notification to the affected dog breeds.
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Madhya Pradesh High Court opined that the petitioner should rely on the ‘Kapil Sharma Show” recorded program and other available electronic evidence.
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The dispute concerning Amazon’s use of its USA based website relates entirely to events that occurred before the UK left the European Union (Brexit) when UK trademark law at that time was substantially governed by EU legislation and case law.
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The applicant who is seeking permission to perform Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by the Court and has been out on bail for past 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.
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Supreme Court held that the appellant is entitled to restoration of his seat in the first year of MBBS(UG) course in the same college in the next session.
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What has not been provided by the law cannot be done by the manager of the person of unsound mind, in the capacity of being the manager.
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Calcutta High Court held that the respondent is entitled to continue performing duties under the temporary license until steps for cancellation of temporary license accordance with law is taken.
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The present case is a classic example of typo-squatting, which relies on mistakes or typos made by internet users at the time of entering a website address/URL on the web browser and is bound to create confusion in the minds of the consumers.
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Punjab and Haryana High Court scheduled the next hearing of the instant matter for 21-05-2024.
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Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
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Delhi Chief Minister and AAP leader Arvind Kejriwal was arrested by the ED at his residence in connection with the Delhi Excise Policy case on 21-03-2024.
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A person accused of an offence under the Penal Code (‘IPC’) who has not been forwarded under Section 167(1) of the CrPC and has voluntarily appeared and filed a surrender petition cannot be dealt with under Section 167(2) of the CrPC.
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