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Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.
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The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.
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In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.
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Bombay High Court noted that educational institutions in larger cities have a substantial strength of students and staff members, spending considerable number of hours away from their homes; and medical emergencies could occur due to commuting requirements and other diverse activities within the institution premises. Therefore, a structured approach and mandate of law is required to ensure a ready availability of basic medical facilities on the premises.
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The Court noted that the property in question, which includes ancient monuments like the Tomb of Shah Shuja, Tomb of Nadir Shah, and Bibi Sahib’s Masjid, had been declared as protected under the Ancient Monuments Preservation Act, 1904.
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RNA Royal Park Co-operative Housing Society Ltd. stated that one of its resident, is indiscriminately feeding stray dogs beyond the appointed timings and locations, causing society to face a serious problem.
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The instant matter involves a complaint filed by children against their parents alleging physical abuse and restrictions on their use of mobile phones and watching TV during the COVID lockdown period in 2021.
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“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
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The Court emphasized the necessity of adhering to the specific terms and limitations outlined in contractual clauses. This decision underscores the importance of clear contractual provisions and their binding nature on arbitral tribunals, reaffirming that such limitations must be respected and enforced in arbitral awards.
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“The quality of education imparted to the future citizens of the nation depends upon the quality of teachers, who are appointed to teach them.”
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The Court set aside the impugned order framing charge under Section 307 IPC and discharged the petitioners from this charge.
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The Court directed the revenue officer to undergo a six-month training program to improve their understanding of judicial and quasi-judicial responsibilities when they pleaded inability to understand court order to reopen mutation file.
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Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.
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The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
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The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.
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Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.
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Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.
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“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”
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The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.
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The smooth functioning of the District Judiciary without regular staff and employees is likely to suffer and cannot be cured or supplemented by contractual engagements.
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