Kapil Agarwal v Sanjay Sharma
Supreme Court on the inherent power of Courts to quash the FIR, in order to prevent abuse of due process of law.
State of Bombay v Bombay Hospital Mazdoor Sabha
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.
Gaya Prasad v Bhagat Singh
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.
Professional Real Estate Investors Vs Columbia Pictures Industries
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 […]
Saeed Vs State of UP
Valentine’s day is been celebrated on 14th February as a celebration of love, Whilst many couples in India often have to face the heat of various organizations on this day. Let’s see what Hon’ble Court has to say in this regard. For more details contact @Advocate Prakhar Gupta
Maneka Gandhi Vs Union of India
Principles of natural control all actions of public authorities by applying rules relating to reasonableness, good faith, equity, justice, and good conscience. Whilst the exact definition of natural justice is not very clear, the “principles of natural justice” are widely accepted and enforced. For more details contact @Advocate Prakhar Gupta
Hardeep Singh Vs State of Punjab
Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted). It is the duty of the court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court […]
Paresh Nathalal Chauhan Vs State of Gujarat
Section 67(2) of the Central Goods and Services Act empowers the authorised officer to search and seize the goods, documents or books or things – however, s.67(2) does not empower the officer concerned to record statements of family members through force or coercion or to record their conversations in their mobile phones. For more details […]
R. Vijayan Vs Baby And ANR
Although it is beyond any doubt or dispute that for the same cause of action both a civil suit and a complaint petition Under Section 139 of Negotiable Instrument Act would be maintainable, in terms of Section 357 CrPC. This particular case makes important observations in regards with the same. For more details contact @Advocate […]
Promissory Estoppel
Central London Property Trust Ltd. Vs High Trees House Ltd. The doctrine of estoppel is well settled in administrative law and constitutional law. It has been accepted in various legal systems including India. It is also called as “equitable estoppel”, and “promissory estoppel”. For more details contact @Advocate Prakhar Gupta
Ghostline Legal