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Facts  The returning election candidate/Respondent was accused of violating the moral code of conduct by the Petitioner, who filed the election petition. It was argued that the Respondent gave unpleasant comments to divide two communities along religious and racial lines, giving him an advantage over the Petitioner in th..

It was therein noted that the earlier judgments of the Supreme Court in Raj Kishore Prasad v. State of Bihar, Ranjit Singh v. State of Punjab and Kishori Singh v. State of Bihar had held that when an offence exclusively triable by the Court of Sessions is alleged to have been committed and the matter isinvestigated, the Magistrate has to go by the person named in th..

Section 135 of Trade Mark Act  Relief in suits for infringement or for passing off.— The relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as the court thinks fit) and a..

Key Takeaways The electoral process and the election system form the base for a strong constitutional foundation. The free and fair elections are fundamental basis for success of democracy. Electoral reforms refer to introduction of best practices in ensuring better responsible ..

The High Court of Gujarat held that inquiry under Section 26 of the Competition Act, it was stated that there is no violation of the parties rights and issuing the opportunity of a hearing shall not be mandatory. [Case Title: M/S. SHREE SHIVAM CORPORATION THROUGH ITS SOLE PROPEIRTOR MR. PRAHLAD DURLABHJIBHAI JOSHI v/..

What are Section 195 and 340 of Criminal Code Procedure In order to initiate proceedings under Section 340 of the CrPC, first of all, a prima facie offence via evidence and statements shall be established in the case. This means that all the material produced before the court shall be clear on the face of it. p style=..

The Supreme Court on Monday allowed the BCCI to amend its Constitution pertaining to cooling-off period for its office bearers, clearing the way for extension of the terms of BCCI president Sourav Ganguly and secretary Jay Shah till 2025. Both Ganguly and Shah's first terms in the cricket board were set to expire due to the "cooling-off period" clause ..

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out. In the case of Kanchan Kumar vs State of Bihar, the discharge application filed by a person accused under Prevention of Corruption Act, 1988 (for having po..

The Supreme Court has observed that the power of Court to grant interim relief under Section 9 of the Arbitration and Conciliation Act is not curtailed by the rigours of every procedural provision in the Code of Civil Procedure. What is Section 9 of the Arbitration Act li style="text-align: just..

The Supreme Court Constitution Bench, comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, on Wednesday, continued hearings on the cases challenging the constitutional validity of reservation for Economically Weaker Sections.  Sr. Adv. P Wilson su..

The Karnataka High Court has said that if gold bullion or gold ornaments are seized during the investigation of an offence, the maximum period that it could be held is 15 days or one month and later, it should be released and interim custody should be handed over to the victim/complainant/applicant. M/S NAMBOOR JEWELLERS v. ST..

While acquitting the appellants in a criminal appeal against their conviction, the Bombay High Court in a most significant judgment titled Sunil Vishnu Mukane & Ors v. State of Maharashtra in Criminal Appeal No. 1100 of 2018 pronounced as recently as on August 24, 2022 overturned conviction of four accused in a dacoity case observing that the prosecution's e..

In a most significant development, we got to witness how as recently as on September 9, 2022, none other than the Supreme Court of India in a most learned, laudable, landmark and latest judgment titled Vishwanath Pratap Singh vs Election Commission of India in Petition(s) for Special Leave to Appeal (C) No(s).13013/2022 and cited in 2022 LiveLaw (SC) 758 minced just..

Introduction India is a country with a population of billions. While it has its problems of its own, the most complex problem to solve is managing this big a population. In a democratic country with a billion people under the hand of one government body is humongous to govern. Different states, different territories, differen..

The Delhi High Court ruled on Friday that the  weight of a neutral substance will not be disregarded while deciding whether a confiscated illegal drug is in small or commercial quantity.  The high court issued its ruling in response to inquiries about a minute amount of a narcotic drug that were referred to i..