Bringing you the Best Analytical Legal News
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”
“The duty of the municipal authorities is to take concerted, sincere and optimum steps to ensure that such animals are rehabilitated and do not possess a menace to residents of Delhi or to the traffic plying on the roads.”
The present case show that the husband of the petitioner had contracted COVID-19 and was admitted in the hospital on 25-04-2021 and his health condition did not improve thereafter, and he passed away after two months in the hospital itself only due to COVID-19 complications.
“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”
“Registration of identical trade mark, specifically targeting the same class of goods raises a significant concern for potential confusion and deception among the public.”
A quick legal roundup to cover important stories from all High Courts this week.
“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”
“Office Memorandum issued by Ministry of Home Affairs permits Banks to issue a request for opening a Look Out Circular, in exceptional cases, even if they are not covered by its guidelines, even in such cases, the same can be issued only if departure of such person is detrimental to sovereignty/security of India.”
“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”
“Srinivasarao, Senior Advisor, Indian Banks Association is sent notice to appear before the Court on the next date of hearing, i.e., 06-04-2024, so that the stand of all the Banks can be considered.”
“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”
“Considering the gravity of the offence committed by the husband, and the thought process that, as a husband, he was entitled to sexually, physically, and economically abuse his wife to the extent as mentioned in the complaint, goes against the very intent of the law of this country.”
“When a person approaches the court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.”
This is not a case where sensitive information has been collected by the CBI and the disclosure of which would be prejudicial for the officers involved. This is also not a case where information is so sensitive that it cannot be shared with the public at large.
“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”
“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”
“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”
Though every ‘retweet’ of defamatory imputation would ordinarily amount to ‘publication’ under Section 499 IPC, it is ultimately for the aggrieved person to decide as to which retweet caused more harm to his reputation.
“The petitioner is an organisation alleging circular financial transactions, violations of statutes, and private wealth creation from public funds. Regulatory bodies, including the Ministry of Corporate Affairs, RBI, SEBI, and NHB, are implored to take swift action in response to the serious allegations.”