Judgments Online https://validator.w3.org/feed/docs/rss2.html Compassionate release of elderly (above 70 years) and terminally ill prisoners – Directions issued Second Appeal: Interference in findings of fact Service Law: Compassionate Appointment – Employer cannot rely on its own administrative delays Condonation of Delay: Lack of diligence – No relief De-sealing of Property: Sealed for Misuse – Petitioner to approach Supreme Court-constituted Judicial Committee Bail Granted: Lackadaisical approach” of the investigating agency Rape: Conviction Upheld – Testimony trustworthy – Strongly corroborated by medical and forensic evidence, including DNA Eviction upheld: Correctly established landlord-tenant relationship & landlord’s bona fide requirement Trademark: Injunction granted – Plaintiff established a prima facie case of passing off Quashing of FIR: Quashed on mutual compromise with cost Specific Performance: Not entitled due to their own breach of contract Plaint Rejected: No fresh litigation for interest Bail Set aside: Serious Offences – Trial Court’s order was perverse and ignored critical material considerations Arbitration Award Partially Set aside: Arbitral Tribunal exceeded its jurisdiction Death by Negligence/Rash and Negligent Driving: Probation granted – 26 years old Case Dishonour of Cheque: Conviction upheld – Failure to rebut the statutory presumption Directions for a time-bound investigation: Petitioner had already invoked the jurisdiction of the concerned magisterial court Limitation: Probate of a Will is a “continuous right” POCSO: Sentence reduced – Prosecution failed to establish circumstances constituting an aggravated offence Rectification of conveyance cannot be done in the absence of the original transferor’s participation. High Court failed to provide a reasoned, transparent judgment in its capacity as final court of fact MACT: Apportionment of enhanced compensation Railway Claim: Failure to prove initial quantity loaded- No liability for the alleged shortage PMLA: Case transfered to Delhi: Concealment of “proceeds of crime” occurred in Delhi Conviction set aside in 41 years old murder case – Highly Unusual Circumstances FIR In Matrimonial offence quashed on amicable settlement POCSO: Sentence reduced – Provisions applicable at the time of the offense Eviction Valid: Trial Court correctly addressed all contentions Petition Dismissed For Non Prosecution – Liberty to Restore Arbitration Award: No Re-appreciation of evidence and re-evaluation of factual findings Interim Bail: No merit in petition Anticipatory Bail Denied: Video evidence clearly showing participation in offence Evidence Act, Section 68: Registered Sale deed do not require compulsury attestation Arbitration Award : Jurisdictional objections should be addressed through the statutory remedy provided under Section 34 Bail Granted in Murder: Applicants not fired the fatal shot Bail Declined: Gravity of the alleged offense – Honour killing Bail Granted: No name at initial Stage – Long increation Writ Petition: Petitioners have equally efficacious alternative legal remedies available Eviction on ground of bona fide requirement for residential space upheld Allotment of Plot Directed: Petitioner declared Valid member of society in arbitration award Arbitration: Petition challenging award withdrawn on settlement Specific Performance: – Aggrement to Sell – Clause for refund of earnest money not a bar Service Law: Recruitment authority has the discretion to prescribe minimum qualifying marks for interviews Petitioner is already pursuing a remedy before the appropriate forum – No Relief Hindu Succession: Right to Pre-emption held valid MACT: Cases must be decided on “preponderance of probability” rather than strict standard of “beyond reasonable doubt, Arbitration: Arbitrator appointed with the consent of both parties Husband acquited in 25 year old case: Credibility of Defense Evidence Foreigners Tribunal: Tribunal under obligation to conduct a proper inquiry, examine State evidence, and record a reasoned opinion Home