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.
Shiv Shankar Singh v State of Bihar
Section 200 of the Code of Criminal Procedure empowers the Magistrate to take cognizance of an offence based on the complaint. It is recourse available to the complainant (private citizen) in addition to Section 154 of the CrPC. In this landmark judgment, the Hon’ble Supreme Court deliberates on certain practical problems that might arise concerning the filing of a complaint under section 200 of the CrPC.
Munshi Ram v Banwari Lal
Whether parties can enter a compromise after an Arbitration award has been passed?
The Hon’ble Supreme Court had an opportunity to deliberate on the issue in this particular landmark judgment and held that it was not open for the court to pass a decree on such terms, and therefore such compromise was unacceptable.
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.
Common Cause v Union of India
The Supreme Court, in this case, noted that there was a need for the Court to lay down guidelines to check misuse of public funds by the government for political advertising.
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.
The Ahmedabad St. Xaviers College vs State Of Gujarat
Hon’ble Supreme Court of India on Protection of Minorities and Freedom of Religion.
A. K. Kraipak v UOI
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?
Rampur Fertilisers v/s Vigyan Chemical Industries
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.
Ghostline Legal