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“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”
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“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”
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The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.
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“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”
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Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.
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The Calcutta High Court said that the principle of comity of nations and comity of courts had been recognized by the Indian Courts by giving adequate weightage to orders or decrees of a foreign court while deciding any proceeding in a domestic court.
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A relationship may be consensual at the beginning, but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to indulge in a sexual relationship, the character of the relationship as ‘consensual’ ceases to exist.
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The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.
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The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.
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“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”
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“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
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The appellant filed an objection before the Executing Court to delete their name from the execution proceeding and to insert the name of Executive Engineer PWD, NH Division as Judgment debtor but the Executing Court disposed of objection on the ground that matter was already decided.
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The Court noted that the respondent merely seeks to summon the record, which was not in his possession but was in the possession of the petitioner, which right cannot be denied to him.
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The Calcutta High Court said that no coercive measures or disciplinary action would be taken against advocates who appear before courts for the interest of their clients.
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“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”
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The Calcutta High Court did not permit raising the issue of non-service of bills belatedly at the appellate stage to avoid liability of taxpayer.
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“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”
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“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
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The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.
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The petitioner is suffering from end stage chronic liver disease, his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life.
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