Search Results for "Constructive refusal"

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Search Results for "Constructive refusal"

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Supreme Court

Supreme Court Examines Applicability of Section 292 IPC to Allegedly Obscene Poem Referencing Mahatma Gandhi Amidst Claims of Poetic License and Freedom of Expression. Court Clarifies That Poetic License Is Not a Legal License but a Fundamental Right, Subject to Reasonable Restrictions Under Article 19(2), and Obscenity Must Be Judged by Contemporary Community Standards.

1 Aug 2026

Background: The case arose from the publication of a poem titled 'Gandhi Mala Bhetala' (I met Gandhi) in the July-August 1994 issue of the Bulletin, a...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

4 May 2026

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

High Court

Madras High Court Allows Appeals of Shareholders in Capital Receipt Case — One Million Euros Received from Vedior NV Held Exempt as Capital Receipt. Compensation for Loss of Right of First Refusal and Non-Compete Agreement Treated as Capital Receipt Not Chargeable to Tax Under Income Tax Act, 1961.

8 Jan 2026

The case involves two appeals by shareholders (K. Pandiarajan and R. Hemalatha) against the order of the Income Tax Appellate Tribunal (ITAT) which up...

Supreme Court

Supreme Court Upholds Expulsion of MLC for Unparliamentary Conduct and Defiance of Ethics Committee — Principles of Natural Justice Not Violated as Petitioner Waived Right to be Heard by Repeatedly Avoiding Proceedings and Challenging Committee's Authority.

25 Feb 2025

The petitioner, a Member of the Bihar Legislative Council (MLC) from the Rashtriya Janata Dal, challenged his expulsion from the Council based on a re...

Supreme Court

Supreme Court Allows Appeals by KPSC and DCA Candidates in LDC Recruitment Dispute — Holds That Higher/Equivalent Qualifications Are Acceptable Under Rule 10(a)(ii) of Kerala State and Subordinate Service Rules, 1958. The Court set aside the High Court's direction to exclude DCA holders from the ranked list, ruling that the KPSC's earlier contrary stand was erroneous and that the Division Bench's judgment did not bar consideration of higher qualifications.

8 Nov 2024

The case concerns recruitment to the post of Lower Division Clerk (LDC) in the Kerala Water Authority. A notification dated 16.07.2012 prescribed a ce...

High Court

Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

30 Dec 2020

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

High Court

Bombay High Court Dismisses Writ Petition Challenging Zilla Parishad's Refusal to Appoint Shikshan Sevaks as Assistant Teachers. The Court held that the petitioners, who were appointed as Shikshan Sevaks after the cut-off date, were not entitled to the benefit of the Government Resolution dated 02.05.2012, which provided for absorption of Shikshan Sevaks appointed prior to that date.

27 Apr 2018

The petitioners, 24 individuals, were appointed as Shikshan Sevaks (trained graduate teachers) by the Zilla Parishad, Aurangabad, on various dates aft...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

6 Dec 2017

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

High Court

Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

26 Sep 2014

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

High Court

Karnataka High Court Considers Appeal Against Order Upholding Notice for No-Confidence Motion Against Municipal President. Single Judge Found No Requirement of Personal Service Under Section 47(2) of Karnataka Municipalities Act, 1964.

2 Jan 2013

The writ appeal arose from a dispute regarding the convening of a special meeting of the City Municipal Council, Tumkur, to consider a no-confidence m...

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