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Supreme Court said that once there is no eyewitness of the incident, the prosecution will have to establish a motive for the commission of the crime because in a case of no direct evidence, motive has a major role.
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The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.
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Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.
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Delhi High Court observed that keeping in mind the sensitive nature of the allegations and the fact that no evidence of communal disharmony had come on record during the preliminary inquiry conducted by police, the Court advises that the orders for registration of the FIR filed by any community should be passed with more circumspection.
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“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”
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It is almost 73 years since the Constitution of India started governing this country and the harsh reality is that the Executive has almost lost its independence and it has virtually turned into an organ merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time.
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“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”
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The Supreme Court was hearing a petition against the Varanasi District Court’s Order wherein ASI was directed to undertake scientific survey of the Gyanvapi Mosque to find out whether the same was constructed over a pre-existing structure of Hindu Temple.
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Delhi High Court observed that the plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000.
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The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
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While summarising the principles for altering conviction under Section 304 Part I of the IPC to Section 304 Part II of the IPC, the Supreme Court highlighted the difference between ‘guilty intention’ and ‘guilty knowledge’.
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A person who defies the law and refuses to exhume the body cannot take umbrage in the delay of enforcing the law and make the Court ‘fait accompli’.
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“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”
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Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.
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The defendant, Dhanpreet Singh Trading was restrained from seeking any statutory rights by applying for trade marks or copyrights in respect of the red-box device mark ‘SUPREME'.
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Bombay High Court perused details of all 41 cases and noted that the petitioner was apparently arrested in one case and came to be arrested in other cases on transfer warrant, pleaded guilty in all 41 cases.
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Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.
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Bombay High Court highlighted that the Gram Panchayat had already issued NOC in favour of the petitioner but passed a resolution obstructing mobile tower installation and operation based on apprehensions.
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The present case is a classic example of frivolous and vexatious litigation, where this Court encounters incoherent and confusing stories in the name of facts and absurd reliefs. Filing such cases as the present one is doubtlessly not only frivolous and vexatious, but annoying and such a litigant must be subject to some kind of sanction.
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When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
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