ED can access information placed by IT Dept
Case BriefsHigh Courts

‘Information regarding the foreign assets has been placed on record in the form of documents before the Magistrate by the IT Department which has been sought by another government Department for the purpose of investigation. It is not a case that the information has been demanded for public dissemination.’

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appointment secured by forged documents
Case BriefsHigh Courts

‘Certificate of Assistant Lineman was not verified diligently during his probation period, and it was clearly due to the laxity displayed by the employee concerned that the appointment went through in spite of lack in requisite qualifications, thereby denying a rightful candidate his opportunity of public employment.’

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Police Order Refusing Closure of Man's History Sheet
Case BriefsHigh Courts

“We are of the considered view that Regulations 228 and 240 of the UP Police Regulations do not give an unbridled power to the police to use it in such a way which has necessary consequence of squeezing out the fundamental freedom of the citizen.”

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employees being paid from grants-in-aid not government employees
Case BriefsHigh Courts

“Gauhati High Court noted that the petitioners were employees of the Board and served on conditionally sanctioned posts, which were permanently retained and they were being paid their salary from grants-in-aid and not from the ordinary Head for disbursement of salary of the government employees.”

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Trishla Chaturvedi
Case BriefsHigh Courts

Umang Taneja had posted videos on YouTube and Instagram disparaging Trishla Chaturvedi by accusing her of practicing black magic and being a drug abuser.

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Presiding Officer has no knowledge of law
Case BriefsHigh Courts

“It is crystal clear that the Presiding Officer of Civil Court has no basic knowledge of law and she needs training at the Judicial Officers Training and Research Institute (‘JOTRI’) regarding procedural law.”

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government sanction for aided college appointments
Case BriefsHigh Courts

“Following the 2005 amendment, the creation of posts became subject to the decision of the Government, and the Syndicate’s role was shifted to approving appointments in accordance with that decision.”

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remanded appeal
Case BriefsHigh Courts

“There was no provision to hear and decide the objections after the appeal was decided by the Divisional Commissioner because Rule 10 of the 1994 Rules laid down that the orders passed in appeal by the Divisional Commissioner would be final.”

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stamp duty refund on failed transaction
Case BriefsHigh Courts

Rejecting the application on the ground of non-availability of Deed of Cancellation was a hyper-technical view adopted by the Revenue Authority which defeated the purpose of the provision under Section 47(c)(5) of the Maharashtra Stamp Act, 1958.

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Haveli restaurants trade mark
Case BriefsHigh Courts

“The defendant has affixed the plaintiff’s trade mark HAVELI with another word i.e., ‘PUNJABI’ and the word ‘PUNJABI’ has been incorporated in such a small font, that it remains insignificant to the eyes of the viewers misleading the customers into believing that the defendant’s restaurant is associated with the plaintiff.”

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Rampal
Case BriefsHigh Courts

‘He is directed not to promote any kind of mob mentality and to avoid participating in congregations where there is any kind of tendency amongst disciples or participants to cause breach in peace, law and order.’

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freedom fighter pension claim
Case BriefsHigh Courts

There is no contra evidence transpired from the record to discard the certificate issued by the Certifier in favour of the freedom fighter.

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oral refusal to register sale deed
Case BriefsHigh Courts

“The law is very much clear that, the Sub-Registrar cannot orally refuse to accept any document, when the same is presented for registration.”

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Right to Dignified Burial
Case BriefsHigh Courts

“It is, thus, high time that the State formulates a uniform policy to deal with the burial/cremation/shamshan/any kind of public place utilised for the purpose of performing post-death rituals.”

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DNA Test in partition suit
Case BriefsHigh Courts

“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”

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arbitrary denial of payment by State
Case BriefsHigh Courts

‘It is not the petitioner’s concern as to how the work was allotted to him. He/she is in no manner responsible for floating or non-floating of the tender.’

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False promise of marriage when victim married
Case BriefsHigh Courts

“The prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”

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Sharjeel Imam
Case BriefsHigh Courts

“The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that the enforcement of criminal law is neither diluted nor diminished.”

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Limitation Act applicability to Arbitration
Case BriefsHigh Courts

“As there is conflicting view upon the same by co-ordinate benches, in such circumstances this Court is of the view that the issue should be examined by a larger bench.”

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Liberalized Family Pension
Case BriefsHigh Courts

‘The benefit of Liberalized Family Pension can only be given in case there is a battle inoculation training exercises or demonstration with live ammunition, during which the death occurs’

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