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The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities.
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The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.
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So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.
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The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.
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“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”
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Madras High Court said that the RBI guidelines are issued not as a formality, but the entities subjected to the RBI regulations should comply with the conditions of the master circular in its true letter and spirit
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Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.
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Considering the fact that various social and medical complications are likely to arise since the child will be born from the girl's own sibling, Kerala High Court found the permission sought for termination of pregnancy to be inevitable.
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“…being a special statute the MSMED Act will have an overriding effect vis-à-vis the Arbitration and Conciliation Act, 1996.”
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the Inquiry Officer found during pre-registration inquiry that the obscene videos were prepared by the complainant herself, but after registration of FIR, the Investigating Officer viewed that the videos and photographs were prepared by the husband on his own mobile in connivance with the co-accused.
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there are several schools conducting special classes all over the Tamil Nadu. However, the petitioner has filed this writ petition only targeting the respondent school. Therefore, it is clear that it is not a Public Interest Litigation.
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India has long hoped to become an arbitration hub and providing time bound mechanisms for resolving disputes will certainly be a feather in the cap. Introducing Section 29A by way of amendment is therefore intentioned to ensure that the disputes in arbitration are adjudicated in a time-bound manner.
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Permitting the CBI to pick up one aspect of the investigation and file a piece-meal chargesheet with respect to the same and consequently, defeating the right of the applicant to default bail, goes against the mandate of Article 21.
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The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.
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Delhi High Court observed that it would be reading too much into the impugned advertisement, in my opinion, to extract, from it, anything derogatory or deprecating regarding Dettol.
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The commission of an offence and complicity of the offenders are two different realities. The complicity of an offender must provenly be established connected to the commission of charged offence, then only it is permissible for a court of law to derive the product of conviction, failing which, the acquittal is the rule.
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Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.
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This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.
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“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”
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A notice/advertisement inviting applications for admission provides complete transparency in the admission process and all students who meet the eligibility criteria have an equal opportunity to apply for the course. The selection of students should not be based on extraneous factors like personal connections, wealth or social status or other resources of getting limited information of admission notice.
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