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“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”
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The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.
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The Court took note of the various posts by the petitioner on her Instagram, where most of the posts appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently.
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“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”
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Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems because of its long natural life; it chokes waterbodies and the drainage system, accumulating garbage in public places.
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The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.
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“One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures.”
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The Court cautioned respondent 4 (Principal Secretary, Law and Legal Affairs Department) to remain “alive to his duty” to file a proper and complete affidavit.
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The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.
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“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”
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‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’
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The Gram Panchayat’s permission/NOC has no relevance, and the required permission ought to have been obtained from the Collector in the absence of any Authority.
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The Court noted that although courts generally refrain from interfering in government policy, they are constitutionally obligated to intervene when such decisions infringe upon rights like access to justice or fair trial.
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“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”
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“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”
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“The solemn obligation of the legal system is to distinguish between misfortune and culpability, and to ensure that human suffering, however profound, does not substitute for proof required under the law.”
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“Assuming that there is negligence on the part of the petitioner to that extent, an isolated instance of negligence as alleged against the petitioner cannot be a reason to decline approval to the appointment of the petitioner as Principal which was made after a due selection process.”
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The Magistrate in the matters of domestic violence has the power to adopt the procedure as per Section 28(2) of the Protection of Women from Domestic Violence Act, 2005 and exercise of such power depends on the facts and circumstances of each case.
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Allahabad High Court highlighted that the Quran permits polygamy for just and fair reasons, but in modern times, this provision is often misused for selfish purposes.
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The respondent was directed to publish an unconditional apology on his X (previously Twitter) Handle and in Times of India, in a time bound manner and the petitioner was held entitled to damages for a sum of Rs 50 lakhs.
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