Pinakin Mahipatray Rawal vs State Of Gujarat
Marital relationship means the legally protected marital interest of one spouse to another which include a marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have children, their upbringing, services in the home, support, affection, love, liking and so on. Extra-marital relationship as such is not defined in any law. Whilst extramarital relationships can have a severe impact marital relationship of a person, this tort popularly known as the “Heart Balm” tort paves a way for the person so injured to claim damages.
Tata Consultancy Services Limited v Cyrus Investments Pvt. Ltd. and Ors.
Independent director refers to Board of Directors, who do not have any material relationship with the company and are not involved in the day-to-day function. In this particular judgment the Hon’ble Supreme Court analysis two different sections of the Companies Act, and interprets that higher duty/standard does exist for the independent director as compared to non-independent one’s.
Central Inland Water Transport Corporation Limited v. Brojo Nath Ganguly
The Hon’ble Supreme Court in this landmark judgment held that if from the face of the contract, it seems that the contract has been entered in between parties with unequal bargaining power, and the contract evidence that the party didn’t have any meaningful choice but to sign the contract, such contracts ought to be set aside if the contract or clauses are unreasonable, unfair, and unconscionable.
Babu Ram Prakash Chandra Maheshwari v. Antarim Zilla Parishad Muzaffar Nagar
Before a High court exercises its jurisdiction, it ought to take into consideration, whether an adequate legal remedy is available somewhere else. If the remedy is so available the High Court may restrain itself from granting the remedy. The crucial word herein is restrained, as it is the self-restraint that is being observed by the courts and not a hard and fast rule which bars the jurisdiction of the court. Though in wanting situations the Hon’ble Supreme Court through this judgment has carved out exceptions to this rule.
T T Antony v State of Kerala
Although in this particular landmark judgment the Hon’ble Supreme Court of India has held that multiple complaints/ FIRs in respect of the same act might go on violating the Fundamental Rights of the accused, as the same may subject to unnecessary harassment. But at the same time, a grave concern remains, what if in a situation accused himself takes first opportunity to register a false complaint, and thereby depriving the victim to exercise his/ her rights, and in consequence thereof fail the justice system itself.
Union of India v. Association for Democratic Reforms
In this landmark judgment, the Hon’ble Supreme Court of India mandated the Election Commission to publicly disclose the information relating to candidates running for office, including information on their criminal records, assets, and educational background. Tracing this particular right to information back constitutional right to freedom of expression.
Gujarat Bottling Co. v Coca Cola Co.
Grant of Injunctions by the court is an extraordinary remedy, granted to ex debito justitiae i.e. to meet the ends of justice. Thus this particular remedy is being granted very cautiously by the court.
Engineering Analysis Centre for Excellence Pvt Ltd. v CIT
Whether whilst paying for software, a user (person) buys a copy of software or simply buys a license to use the same. Although prima facie the issue might seem trivial but has far-reaching implications, if it were a sale of the software, the user would be free to use the software in any manner as the user may please, including distributing the copies of the same, but if were only to be a license, the terms and conditions of the license would govern their relationship. It has been standard practice all around us, whichever software one might be using, that only a limited license to use the software is being granted to the user. The Hon’ble Supreme Court in recent judgment recognized the End User License Agreement also popularly known as EULA.
PUCL v Union of India
Is “Encounter” legal?
Though the police officer must take all possible steps to apprehend the accused (“criminal”) and bring them before the appropriate platform to award punishment to the accused (“criminal”). But whilst doing so whether they are entitled to cause the death of the accused? If yes, what is the test for the same, and what are the safeguards put in place to ensure, that this power is no abused? The Hon’ble Supreme Court expressed its views in regards with the same, 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 […]
Ghostline Legal