In case of Supreme Court’s order to High Court to place before Supreme Court suggestions and road map formulated by High Court for early disposal of commercial disputes. Suggestions and road map formulated by High Court, held, should have been necessarily placed before Supreme Court well in advance so as to enable Supreme Court to […]
Held, Before parting, we may observe that there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of pharmacy colleges. Such restrictions may be in the larger general public interest. However, if that has to be done, it has to be done strictly in accordance with law. If and
Held, we find that the writ petition challenging the clauses was maintainable. It is not disputed that GAIL is a Public Sector Undertaking and thus qualifies under the definition of ‘State’ as per Article 12 of the Constitution. At the time of entering into contract, GAIL was enjoying a monopolistic position with respect to the supply of natural
The petition dealt with the misuse of the right of freedom of speech and expression, as provided under Article 19(1)(a) of the Constitution, by public functionaries who made distasteful remarks against certain individuals who were the victims of a crime. The grounds lined up in Art. 19(2) for restricting the right to free speech are
The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the appellant herein as a defendant in the suit is that the sale deed had been executed
Law summarized regarding death sentence, whether to be confirmed/imposed, or, not, upon application of “crime test”, “criminal test” and “rarest of the rare test”. As regards the statutory requirements, as per sub section (2) of the section 235 CrPC, on being convicted and not being released on probation or after admonition in terms of section
Penal Code, 1860 — Ss. 302, 363, 365 and 376(2)(f) Read More »
In this case, deceased was assaulted by three accused including appellant (A-2) who attacked deceased with wooden log on his head and pushed him down. The cause of death of the deceased was due to shock and haemorrhage on account of head injuries and due to subdural haematoma on the left frontal parietal region with
Solely on account of defects or shortcomings in investigation an accused is not entitled to get acquitted and, thus, lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission
Person/body to whom maintenance charges of a flat to be paid, ascertained. Maintenance is to be paid to Person/ body liable to carry out maintenance and/or actually carrying out such maintenance, or duly authorized agent of such person/body. In the present case builder did not fall in any of the above categories so no specific
Consumer Protection — Services — Housing and Real Estate — Maintenance charges Read More »
Supreme Court judgment directing all trial courts and Magistrates to act independently of interim/interlocutory orders, even of High Court, in circumstances specified in the said Supreme Court judgment. In such a case, held, all Magistrates and trial courts in India must act in terms of the Supreme Court, in letter and spirit, without any further
Constitution of India — Art. 144 — Judicial authorities to act in aid of Supreme Court Read More »
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