It is quite relaxing, quite refreshing, quite rejuvenating and quite remarkable to note that the Calcutta High Court has just recently on 30 September, 2020 in Arjun Singh Vs. The State of West Bengal & Ors. in WPA 5374 of 2020 and 3 others in exe..
2011 delivered as recently as on October 1, 2020, the Supreme Court in exercise of its criminal appellate jurisdiction has explicitly, elegantly and effectively ruled that the ingredients of mens rea for abetment of suicide [Section 306 IPC] cannot b..
In a righteous, recent and remarkable decision titled Anwar Ali and another vs The State of Himachal Pradesh in Criminal Appeal No. 1121 of 2016 a three Judge of the Apex Court comprising of Justice MR Shah, Justice Ashok Bhushan and Justice R Subhas..
With the judgment by Justice A.M. Badar, at Kerala High Court delivered on November 2, 2020 in the case – Authorized Officer, Indian Bank v. K.J. George & Others, the Supreme Court’s clear view has been reiterated that in the absence of a statutory p..
The approach adopted by the Delhi High Court is much upholding the rightful procedures of the Court. The High Court of Delhi has pointed out the error in the cognizance of the Trial Court and has remanded the matter back to the Trial Court to make th..
The Supreme Court of India, while deciding this case, remained consistent with its previous judgments. ..
The decision of the Court in the present case reiterated the settled position of law that the use of a deceptively similar mark would attract the provisions relating to Infringement or Passing-off, as the case demands...
The hotel-owner cannot contract out of liability for its negligence or that of its servants in respect of a vehicle of its guest in any circumstance. Once possession of the vehicle is handed to the hotel staff or valet, there is an implied contractua..
The Court had taken the decision in a wise manner. However, as mentioned earlier, the status of the first wife should have been a bit clearer. Until the status was clear, the court should not have moved forward. ..
The approach adopted by the Supreme Court, though orthodox, is directed towards greater transperancy between service providers and consumers. Its stand ensured that the core principles of nondiscrimination and nonpredation – those that often get lost..
The Trial Court is directed to proceed further with the trial of the criminal case, from the stage where it got struck due to the stay order of the High Court. The Trial Court may endeavour to dispose of the matter within a period of two months...
The court ordered the bakery, its agents and its employees to not use the mark “FACEBAKE” or any other mark which is anywhere similar to plaintiff’s mark...
In this case, the court reasonably laid down all the criteria/factors to be taken into consideration for determining matrimonial allowances, covering overlapping jurisdiction provided under various laws for payment of maintenance and interim maintena..
It cannot be denied that if Arnab Goswami was able to step freely out of prison after 8 days, it is only and only because of the Bench of Justice Dr DY Chandrachud and Justice Indira Banerjee of Apex Court who were listening his interim bail plea alo..
The single judge bench of Justice Sunil Thomas rejected the arguments of the petitioners and upheld the Constitutional validity of sections 29 and 30 of POCSO Act...
In a significant judgment titled VetIndia Pharmaceuticals Limited vs. State Of Uttar Pradesh in Civil Appeal No. 3647 of 2020 (Arising out of S.L.P. (C) No. 6319 of 2020) delivered as recently as on November 6, 2020, the Apex Court has set aside an i..
The following judgement deals with the SC issuing guidelines for overlapping jurisdiction for payment of maintenance, interim maintenance, criteria for determining the quantum of maintenance and the date from which maintenance is awarded and enforcem..
The Delhi High Court held that in the case of Kailash Gupta v. CBSE, 2020 SCC OnLine Ker 1590, "to have a name and to express the same in the manner he wishes, is a part of the right to freedom of speech and expression under Article 19 (1) (a) as wel..
Court was of the view that it was undoubtedly true that a Government servant holding transferable post and who has transfer liability across the State cannot lightly claim about such transfer...
Justice Nicol observed that undersection 2(4) of the Defamation Act 2013, truth is defence to a claim for libel. It is for a defendant to prove that the libel was substantially true. The burden of proof therefore rests on the defendant. ..
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