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“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
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The Sub-Divisional Officer, Miraj passed an order thereby correcting petitioner’s date of birth and therefore, the District Collector, Sangli was directed to issue notice to the Sub-Divisional Officer, Tasgaon, asking for an explanation, as to how he could record the date of birth as 02-06-1972.
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A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition.
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As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.
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“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”
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There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.
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The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.
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Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.
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Madras High Court emphasized that it is crucial for the true facts of the case to be brought to light in the pursuit of justice. Denying both the prosecution and the defense the opportunity to present their cases would violate fundamental legal principles
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The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
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The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.
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Though the air fare of the chartered flight from Guwahati to Jeddah was collected from the pilgrims, however, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.
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The respondent expressed remorse and tenders an apology, undertakes that in future he will ensure maintenance of proper decorum of the Court and volunteered to undertake social service.
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“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”
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“Every woman should live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.”
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The Court held that the petitioner should be permitted to terminate her pregnancy because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies.
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“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”
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These guidelines will remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.
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Section 22(1) of the Maharashtra Public Trusts Act, 1950 provides for change when same is desired in the interest of the administration of public trust, therefore, changing name at the behest of and on the directions of Charity Commissioner will not fall within the provisions of Section 22(1) of the said Act.
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The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.
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