Search Results for Tag : Circumstances
International Cases
A mark can be opposed or cancelled, if it is identical to or similar to a trade mark which is already registered(14.12.2023)
The applicant, a Mexican company which traded in many countries including South Africa, was the proprietor of the impugned mark. It was registered in .....
Tags : Leave to appeal, Special circumstances, Existence
News
SC: Circumstances Not Put to Accused Under Section 313 CrPC Cannot be Used Against Him(29.09.2020)
Supreme Court has observed that the circumstances not put to an accused under Section 313 of the Code of Criminal Procedure, 1973 cannot be used again.....
Tags : Supreme Court, Circumstances under Section 313 CrPC
SC: Court Must Try to Read in Between the Lines in Frivolous or Vexatious Proceedings(09.08.2023)
Supreme Court has observed that in frivolous or vexatious proceedings, Court owes a duty to look into other attending circumstances emerging from the .....
Tags : Supreme Court, Vexatious Proceedings, Circumstances
Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind(29.11.2017)
Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind
Tags : The bench said that certain circumstances of the case, like the "ghastly manner" in which the woman was killed, which was evident from 24 injuries on the woman's body caused by several household articles, were perhaps "reflective of his chronic mental state".
Del. HC: Circumstances Along with Age Important to Determine Intelligent Preference of Child(20.09.2023)
Delhi High Court has held that while considering the intelligent preference of a child to appoint its guardian, not only the age of the child but also.....
Tags : Delhi High Court, Guardian, Intelligent Preference, Circumstances
All. HC: Relationship Between Logic and Experience Important in the Context of Invoking Precedents(28.08.2023)
Delhi High Court has directed Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for condu.....
Tags : Allahabad High Court has observed that to decide a case with similar facts and circumstances, relationship between logic and experience is important in the context of invoking precedents, and they must not be applied mechanically.
SC Refers Issue on Guidelines on Mitigating Factors While Imposing Death Penalty to 5 Judge Bench(19.09.2022)
Supreme Court has referred to a five judge bench, suo motu case "In Re Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considere.....
Tags : Supreme Court, Guidelines, Mitigating Circumstances, Death Sentence
Judgments
Appellants must show that exceptional and special circumstances exist to reverse the findings, even after, leave is granted(28.08.2023)
The Appellants had filed a suit for partition and mesne profit way back in the year 1988, before the Court of Principal Munsif, claiming ancestral rig.....
Tags : Partition suit, Right, Special circumstances
SC: Trial Won’t be Vitiated on Failure to Put All Incriminating Circumstances Unless Prejudice Caused(25.09.2023)
Supreme Court has held that where there has been a failure in putting all incriminating circumstances appearing against accused in evidence, the same .....
Tags : Supreme Court, Incriminating Circumstances, Prejudice
SC: Grant of Ex Post Facto Environmental Clearance Permissible in Exceptional Circumstances(23.09.2022)
Supreme Court has held that grant of ex post facto environmental clearance in exceptional cases is not impermissible, and such approvals cannot be dec.....
Tags : Supreme Court, Ex Post Facto Clearance, Exceptional Circumstances
Del. HC: Family Court Can Extend the Time for Filing Written Statement in Exceptional Circumstances(20.12.2023)
Delhi High Court while observing that for expeditious disposal of family disputes, the schedule for filing a written statement must be followed, has h.....
Tags : Delhi High Court, Family Court, Exceptional Circumstances
All. HC: Cause of Action to Seek Divorce Arise Once Cruelty is Found Committed(28.12.2023)
Allahabad High Court while observing that once cruelty is found committed, the cause of action to seek divorce does arise, has held that the Court sho.....
Tags : Allahabad High Court, Divorce, Cruelty, Attending Circumstances
MP HC: Can Allow Filing of WS Beyond Limitation Period if Exceptional Circumstances are Made Out(24.05.2024)
Madhya Pradesh High Court while hearing a petition against closure of right of petitioner to file Written Statement (WS), has observed that it would b.....
Tags : Madhya Pradesh High Court, Exceptional Circumstances, Written Statement
Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
Earlier assault can bolster suspicion of murder, but is not sufficient by itself to conclude guilt of accused(15.04.2015)
In a case where the Appellant was accused of the murder of his wife, the Court held that a prior incident of assault against the wife 'stands alone' a.....
Tags : Suspicion, death, guilt, unnatural circumstances
SC: Non-Questioning on Incriminating Circum. Vitiate Trial if Omission Causes Miscarriage of Justice(09.07.2024)
SC has observed that when incriminating circumstances are not put to question before accused and he is not given an opportunity to explain such incrim.....
Tags : Supreme Court, Incriminating Circumstances, Miscarriage of Justice
Supreme Court: Stay Should be Granted in Bail Order Only in Exceptional Cases(23.07.2024)
Supreme Court has held that though court may have power to grant stay on bail, it must be done only in exceptional circumstances. Normally bail orders.....
Tags : Supreme Court, Bail Order, Exceptional Circumstances