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The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.
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The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.
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The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.
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Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.
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The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.
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The petitioners have their families and are permanent residents of Coochbehar. Their earnings from their engagement are the sole source of their livelihood. In the said conspectus, prima facie, it does not appear that they would flee from justice or delay the investigation by abscondence.
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The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
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It is an elementary principle that when a public authority is vested with specific powers, it is duty bound to act accordingly. Therefore, any failure to exercise statutory powers gives rise to a cause of action to secure performance of such duty by way of issuance of writ of mandamus under Article 226.
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“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”
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The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.
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Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.
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The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.
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“It is amply clear that a powerful lobby of certain groups/land mafia, are ruining the very basic character of the developed colony in active connivance with the local administration.”
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“Teli is a caste traditionally occupied in the pressing of oil in India, Nepal and Pakistan, and members of this caste may be either Hindu or Muslim, and Muslim-Teli are also called as Roshandaar or Teli Malik.”
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“The status of the petitioner of belonging to Economically Weaker Section (‘EWS’) category is not in dispute herein.”
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The Court clarified that under Section 125(4) CrPC, maintenance can only be denied if the wife is living in adultery, which requires proof of a sexual relationship.
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“It is now trite law that State agencies cannot hide behind the conventional excuse of bureaucratic delays and inefficiency in the State’s capacity, to condone delays.”
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“The Court is conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before this Court. However, if personal appearance is not ordered, it appears that no affidavits are being filed.”
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Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.
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The petitioner did not comply with the twin conditions stipulated under Section 212(6) of the Companies Act, 2013 and there is every possibility for the evidence being tampered and the witnesses being influenced by him.
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