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Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.
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The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.
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Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.
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ITAT said that the entire addition has been made by the AO as well as CIT based on guess work and estimation based on some alleged information received from Sales Tax Department of Maharashtra and from DGIT that “the assessee has taken bogus purchase bills without having taken any delivery of the goods”, without applying their mind.
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The use of ‘VIVANTA VACATION CLUB' as a part of a trade name will likely deceive unwary consumers of their association with the mark ‘VIVANTA' as a domain name can have all the characteristics of a trade mark and could result in an act of passing off.
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The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
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There are sufficient documents placed on record to demonstrate that a strong prima facie case is made out by the plaintiff in its favour regarding copyright infringement of said web series.
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The duty of the Court has been tried to be delegated to the prosecuting agency in the present case.
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The Kerala High Court pointed towards the petitioners’ grievance that the teaser contains erroneous statement of facts which may tarnish the image of a particular community, while noting the fact that the petitioners had not watched the movie yet.
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The Supreme Court observed that if the State Government is so conscious or interested in taking action against land grabbers, it is the discretion of the State Government to bring or better the appropriate legislation with the definition of ‘land grabber’, ‘land grabbing’ and ‘land grabbing cases’.
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Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation
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The State Government intending to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party was a matter of great concern as there arose a question of right to privacy, which the Supreme Court held to be a facet of right to life.
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“Expression Whoever alienates or purchases or takes possession of, which is the opening phrase of Section 52A of the Wakf Act, 1955, cannot be read or construed to include possession taken in the past, which resulted in continued possession, when the provision was enacted.”
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The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.
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Delhi High Court observed that if a termination order is founded on allegations, the order is stigmatic and punitive, and the services of an employee cannot be dispensed with without affording him an opportunity of defending the accusations/allegations made against him in a full-fledged inquiry
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The Court directed the Manipur Government to consider the inclusion of the Meitei community in the Scheduled Tribe list within a period four weeks.
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The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.
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The Delhi High Court opined that passports can be issued under different circumstances without the name of the father, depending upon the factual position in each case and no hard and fast rule can be applied.
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NCLT imposed cost to restain Trimex Industries (P) Ltd. from filing frivolous applications which consume Tribunal’s valuable resources and time.
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The Tribunal constituted an eight-member fact-finding Joint Committee about the incident headed by Chairman of the State Pollution Control Board, Punjab.
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