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The Court found serious doubts regarding the validity of the transfer and authenticity of payment records based on the applicant’s dual role as attorney and purchaser. The Court held that such disputed questions required a civil trial and not adjudication on affidavits. Hence, it dismissed the application, refusing to direct execution of the conveyance deed.
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Delhi High Court observes that NSE is a recognised stock exchange performing vital public functions, not an ordinary commercial venture. But whether its MD & CEO, by virtue of that office, qualifies as a “public servant” under Section 2(c)(viii) of the Prevention of Corruption Act is a mixed question of fact and law that must be determined on evidence at trial.
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Noting that many Judges lacked official accommodations, the Court stated that the first security measure was to ensure proper housing facilities for District Judges, as living in residential areas exposes them to the public at large.
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Kerala HC stated that the duty of the Court is to uphold the democracy and ensure that the democratic procedures are strictly followed. However, in extraordinary situation, Court must take extraordinary decision to protect the democratic principles and people’s mandate.
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Delhi High Court dismissed a passport DOB correction plea, holding that territorial jurisdiction under Article 226 depends on where the cause of action arises, not the location of the MEA.
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The Court held that the offences involved in the case are not heinous offences nor does it constitute any offence of mental depravity rather the same relates to a petty private dispute between the parties. Due to the complete settlement between the petitioner and the respondent, the possibility of conviction of the petitioner was remote and bleak.
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Delhi High Court held that the cancellation of the respondent’s candidature was not in accordance with law and concurred with the Tribunal’s finding that the rejection of her claim for PwD reservation was unsustainable. Accordingly, the Court upheld the Tribunal’s order setting aside the cancellation and granting consequential reliefs to the respondent.
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The Court held that a 21-year-old woman, being an adult, is legally competent to decide her residence, marriage, and education, and directed that she shall not be compelled to return to her parental home or treated as a missing person, as these matters of personal choice are protected under Article 21 of the Constitution.
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The Bombay High Court declined interim relief in a copyright infringement and passing-off action concerning rival logo device marks, holding that resemblance between logos is not by itself actionable unless supported by evidence demonstrating copying or reasonable opportunity of access to the claimant’s work.
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In the case at hand, a 25-year-old fish vendor sustained grievous injuries after a car driven at a high speed and in a rash and negligent manner collided with his motorcycle.
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The Court held that educational authorities lacked statutory authority to direct minority educational institutions to provide free education to children of journalists by invoking the Right of Children to Free and Compulsory Education Act, 2009, reiterating that the Act is inapplicable to minority institutions protected under Article 30(1) of the Constitution.
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The Court remarked that it was one of those cases where the authority instead of carrying out its own obligations, kept on tightening the screw upon the contractor to finish the work within the extended timeline.
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Bombay High Court held that notices and proceedings initiated against an entity that has ceased to exist are void and without jurisdiction, setting aside the assessment, show cause, and attachment notices issued to the amalgamating company, while allowing fresh proceedings against the surviving entity in accordance with law.
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The Court held that the externment orders were unsustainable, as FIRs for agitations without police permission could not justify such action, which infringed upon the petitioner’s fundamental rights of free speech, expression, and dignity.
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The Court held that bail considerations must balance the accused’s right to personal liberty with the right to life and safety of the public, particularly where the accused is alleged to have played a central role in a heinous terrorist conspiracy.
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The Court remarked that it was repeatedly coming across such matters where, instead of proceeding with the termination of pregnancy, the authorities were shifting their burden to one another, leading to matters travelling up to the Courts seeking permission to carry out the procedure.
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The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.
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“The Courts below have rightly invoked Section 48 TPA to hold that the transfer prior in time shall have an overriding effect over the transfer which is later in time.”
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Delhi High Court ordered a State-wide audit of HMIS implementation and ICU bed management systems in 38 Delhi Government hospitals after a patient was denied an ICU bed despite online availability.
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The Court granted interim relief to the petitioner by directing the respondents to release the vehicle seized by them in an illegal mining case against the petitioner as the seizure enabling Rules were challenged on the ground of being ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957.
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