Hon’ble Supreme Court of India has in a number of cases evolved various guiding principles to determine whether an undertaking is analogous to trade or business. In this landmark judgment following observations were made.
State of Bombay v Bombay Hospital Mazdoor Sabha Read More »
Legal rights and Legal procedures have been created for the convenience of people at large, but few try to surpass the same and abuse the legal procedures. Even in various criminal complaints, it can be seen that not only the person has lodged an FIR on flimsy grounds, but also made an active effort to make sure that the other person is convicted on non-existant grounds. A conundrum arises in such situations when the prosecution takes place in the name of the state, whether the person can be held liable for malicious prosecution or abuse of the legal procedures. The Privy Council clarified the position in this regard in this landmark judgment.
Gaya Prasad v Bhagat Singh Read More »
Hon’ble Supreme Court of India on Protection of Minorities and Freedom of Religion.
The Ahmedabad St. Xaviers College vs State Of Gujarat Read More »
The distinction between administrative powers and judicial powers has been diminishing over a period of time. What was considered as an administrative power some years back is now being considered as a quasi-judicial power. In this landmark judgment dealing with the point, the Hon’ble Supreme Court gives a test for determining whether the power is administrative or judicial?
A. K. Kraipak v UOI Read More »
Statutory provisions are made for payment of interest to compensate a party that had suffered damages owing to a positive action or inaction of others resulting in blockade of money, which he/ she would otherwise have received.
Further, in the following landmark judgment, Hon’ble Supreme Court makes certain observations in regards to payment of Interest.
Rampur Fertilisers v/s Vigyan Chemical Industries Read More »
Supreme Court of India’s Observations in regards with Civil Procedural Code.
#supremecourt #civil #india
Smt. Rani Kusum vs Smt. Kanchan Devi Read More »
The rights of slaves which seems prima facie undeniable today would be a foreign concept even as late as the 19th Century. Humans based on their color of skin would be classified as property, only a long series of human rights movements would go on changing that narrative. Animals are currently being considered to be property, whether giving them certain fundamental rights, will lead to certain anamoly viz a viz human rights? This Kerala High Court judgment encounters the problem and makes the following observations.
N R Nair v Union of India Read More »
In present times, the Right to Education has formed sine qua non to live a dignified right. At the same time importance of the Right to Education further reiterates its importance through the fact, that for society as a whole to progress, education plays a crucial role.
Rameshwari Photocopy Services Case Read More »
Was reading this article titled, “BigBasket is bullying dailybasket.com with cease-and-desist letter” at https://bbisabully.com/. At prima facie glance, and in further discussion with Aakanksha Kumar Ma’am, I realize that “basket” being a word long associated with Grocery delivery couldn’t be Trademarked, and at best it was part of a legal strategy of Big Basket for the purposes draining the start-up
Professional Real Estate Investors Vs Columbia Pictures Industries Read More »
It is to be noted that before Consumer Redressal Fora, only provisions which have been explicitly incorporate from CPC can be invoked. expressio unius est exclusio alterius is legal maxim applicable in present case.
Ethiopian Airlines vs Ganesh Narain Saboo Read More »
