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“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
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Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the Telangana and Bombay High Courts and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
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“Merely for the reasons that exchange of some portions of the land may not be practicable for the reason that constructions on it are not as per the sanctioned map or that part of it has been sold off, are all immaterial.”
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“While considering an application for condonation of delay, the party seeking such indulgence is required to place before the Court a cogent and satisfactory explanation covering the entire period of delay, preferably explaining the delay day-to-day or at least stage-wise.”
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Lok Sabha Speaker Om Birla had reconstituted the 3-member inquiry committee to investigate the allegations against Justice Yashwant Varma.
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The principal relief sought is the imposition of a cap, restricting Aadhaar issuance primarily to children up to six years of age and the formulation of stringent guidelines for adolescents and adults to prevent misuse by illegal infiltrators.
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“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
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“In view of the plea of discrimination as taken and the response filed in the counter affidavit, it is clear that out of 16 candidates 3 could not join, therefore, those posts are available.”
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“The office of the mutawalli and Sajjadanashin cannot be said to be one and the same… Sajjadanashin is the spiritual head of Waqf and declaration of Sajjadanashin is a religious affair, however, role of Mutawalli of a Waqf only pertains to the administration and management of the Waqf.”
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Justice Atul Sharachchandra Chandurkar’s journey from Bombay High Court to the Supreme Court is a compelling narrative of dedication, legal prowess, and his profound commitment to justice.
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“The Sajjadanashin is not merely an administrative manager of Wakf property but is primarily the spiritual head of the shrine, responsible for preserving the spiritual lineage (silsila), guiding disciples (murids), conducting religious ceremonies such as Urs and Sandal, and maintaining the spiritual traditions associated with the shrine.”
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The Court held that insurance claim cannot be repudiated merely because driving licence was in booklet form prior to smart card conversion deadline.
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“Despite the passage of time, a large number of allottees have neither received possession nor refund. Even in cases where settlement agreements have been executed, the terms thereof have not been fulfilled.”
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“The recipient of a concession has no legally enforceable right against the Government to grant of a concession except to enjoy the benefits of the concession during the period of its grant. This right to enjoy is a defeasible one.”
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“The land in question, though administered by a corporate body, is essentially trust property held for the benefit of the community, and any irregularity in its alienation is a matter of legitimate public concern.”
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“In the interest of justice, the Court directed that the petitioner be produced, on one specified date, in the next week, before the concerned doctors of the Endocrinology and Neurology Departments at Apollo Hospital for the limited purpose of obtaining a second medical opinion.”
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The Court held that Constitutional Courts should not exercise an “ex-ante jurisdiction” to pre-empt executive decisions in such matters, as doing so would undermine the contractual discretion vested in the authority.
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“Chapter V, NDPS Act, of which Sections 41 and 42 comprise an important part, sets-out the procedure mandated by the Legislature for entry, search, seizure and arrest in relation to offences under that statute.”
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“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”
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The Court held that a de novo trial cannot be ordered merely on technical grounds, particularly when the trial had substantially progressed and no real miscarriage of justice is shown.
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