Article 14 of the Indian Constitution guarantees equality among equals. Classifying a group of pensioners who did the same work on basis of retirement date is pure discrimination under Article 14. Hence the Rules were rightly struck down in the pre..
It was held that tape record of a relevant conversation is a relevant fact and is admissible. Tape recorded evidence is res gestae. It is also comparable to a photograph of a relevant incident. ..
The court held that the business was a joint venture and not the sole proprietary concern of the Appellant No. 1. There is no document in writing to prove partnership. Accounts had not been demanded by the plaintiffs or the defendant no. 3 for a long..
It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.The principle “justice to the cause is equivalent to th..
In the case of Mukesh Kumar v. the State of Rajasthan, a petition was filed under Section 482 Cr.P.C. by the petitioner against the order dated 20.08.2018 passed by the trial court, whereby, the application filed by the petitioner under Section 311 ..
In this case it was held that in the guise of passing an order under Section 19(1)(b) of Domestic Violence Act, such women members of the family cannot be directed to be removed from the shared household..
The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenan..
The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...
Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..
Following the order of the High court, it was held that the family transferred the mortgage interest in trust to the charity for valuable consideration within the meaning of s. 9-A(10)(ii)(b) of the Act and the mortgage deed was not liable to be scal..
The court rejected the contentions of the plaintiff. It was held that the shops were constructed at the desire of the collector and additionally there moved no consideration from the plaintiff under s25 of the act in order to consider it as a valid c..
Article 21 guarantees that no person shall be deprived of personal law and liberty except according to the procedure established by law. It has been factually conceded that none of the petitioners have been deprived of this right. The court held it w..
The Court however chose to examine the issue of ITT alone. The Union of India supported the petition. Among the others who intervened in this case, the All India Muslim Personal Law Board and the Jamiat Ulema-e-Hind argued that the Court did not have..
In its judgement, the Supreme Court held that the Exception 2 to Section 375 of the IPC (in so far as it relates to a girl child below 18 years) was liable to be struck down as it was violative of Article 14, 15 and 21 of the Constitution of India as..
The present judgment is a landmark decision of the Supreme Court of India in the field of copyright law.The case is concerned with a copyright infringement suit against the movie New Delhi made by Mohan Sehgal in 1954...
Until the 1994 amendment, no performers right were available to the performer under the Copyright Act, 1957. The only reason why the performance of a performer was not protected under the copyright Act was that it was not a ‘work’ within the definiti..
The Hon’ble Court observed that according to section 2(d) of the Indian Contract Act (1872), it is clear that in a valid contract the consideration need not flow from the promisee only. It could flow from any other person who is not a party to such c..
The court unanimously held that Dunlop Tyres Ltd. Could not claim for damages in this case. It observed that firstly, only a party to the contract can file a claim. Secondly, there was no consideration flowing from Dunlop to Selfridge hence there was..
Article 123 and 213 of the Constitution confer on the President and Governor respectively an ordinance making power and nothing in the Constitution poses a restriction on this power to be confined to areas which have not been covered by any other Law..
The court dismissed the Petition and held that a person shall be entitled for an admission as per qualification in each and every test held by authority in institute...
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