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The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.
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The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.
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The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.
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The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.
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“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”
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“Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity and dignity is non-negotiable.”
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“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”
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“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.
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“If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system.”
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“Looking into the submission of the contemnor as also his previous conduct and punishments, we do not find any reason to accept his apology, as the same is very belated and is also not bona fide.”
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“A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law.”
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The plaintiff averred that the design and the colour scheme appearing on the packaging of the plaintiff’s products are also unique in nature and constitute an artistic work that has been created with great care and precision and exhibiting an originality in creation of the same.
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A consumer had filed a complaint before the DCDRC seeking repair or replacement of his damaged Hyundai car and compensation of Rs 5 Lakhs for mental agony and deficiency of service.
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The counsels for the Narayan Sai urged that the final hearing of the appeal may take considerable time and therefore, at this stage, Narayan Sai may be enlarged on temporary bail for a period of 15 days to meet his ailing father.
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“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”
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“There was nothing on record to indicate that the petitioner’s mother suffered any humiliation, which was manifested onto him. He did not suffer any handicap and did have an advantageous start in life”.
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The case pertains to alleged exploitation of PPL’s sound recording in the bars and restaurants owned by Azure Hospitality without taking any license from PPL.
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Section 44 of the Transfer of Property Act, 1882 provides that a person cannot transfer a right greater than he himself has, but the same does not preclude the co-owner from transferring his share in the joint property only because the same is unpartitioned/undivided.
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“A woman could become pregnant by choice irrespective of her marital status. However, in case of unwanted or incidental pregnancy, the burden invariably fell on the pregnant woman/victim, and she could not be forced to continue it”.
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The order rejecting appeal against the bail must reflect application of mind and record reasons which indicates consideration of the facts of the case and such reasoning forms the bedrock of the doctrine of fairness in administrative law.
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