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The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’
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Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.
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Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.
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Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.
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Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.
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When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.
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‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’
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This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.
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The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.
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The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
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“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”
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Since petitioner disputes the fact that respondent-authorities have served the show-cause notice, thus, respondent-authorities are directed to demonstrate the manner and mode of service of the show-cause notice on petitioner before passing the speaking order.
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The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.
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“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”
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Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.
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Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.
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Petitioner was released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.
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Allahabad High Court has directed an inquiry to be conducted by an Officer not below the rank of Principal Secretary to be nominated by Chief Secretary of Uttar Pradesh
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“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”
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“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”
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