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“The least that is expected of a State in a democracy is that it honours its obligations and commitments, arising from a legislation or judicial decisions, for such obligations are not discretionary in any way, shape or form.”
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Considering his criminal antecedents, the Court directed Anwar Kadri to mark his presence before the police station concerned on every Sunday between 12:00 Noon and 04:00 PM till the conclusion of the trial.
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“Any attempt to portray a woman as being of “easy virtue” or to cast aspersions on her moral character is wholly irrelevant and expressly barred under Section 53A and the proviso to Section 146 of the Evidence Act, 1872.”
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“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”
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“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”
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The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.
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“The said data is shocking, and we are aghast at the attitude of the authorities in addressing the complaints pertaining to missing persons, which obviously requires a sense of urgency on the part of the authorities.”
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Advertisement creates a statutory obligation on the candidates which are deemed to have been accepted in toto, the moment they participate in the selection process, and the Court cannot dilute these obligations by interpretation or by granting relief outside the scope of the provisions of recruitment.
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“Reputation of a person/enitity in invaluable right, the breach of which cannot always be compensated in monetary terms.”
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“The proviso was introduced by way of amendment effective from 18-04-1994, whereas the appellant’s third child was born on 11-03-1993 and the fourth on 06-11-1994, thus, the case is one of Textbook for attracting the disqualification clause, the protective proviso remaining miles away.”
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“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
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“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”
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“The inaction on the part of the authorities not only perpetuates fraud, but also strikes at the very root of the education system, causing grave prejudice to the interest of students, which is of paramount and overriding consideration for this Court.”
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The petitioners argued that in several cases, while approving the building plan, the MCD ignored the relevant building bye-laws as well as the advice tendered by the Heritage Conservation Committee.
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Since the first round of counselling had already been finalized, the Court directed that the students/candidates who had already taken admission pursuant to the first round of counselling shall not be disturbed, for further counselling, CLAT Consortium shall act on the revised/re-notified merit list.
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“This Court finds no justification to continue the indulgence granted to Rajpal Yadav earlier, especially in the case as the present one, where he himself has admitted the liability and undertaken to repay the amount.”
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“When the deceased came to know that the accused was about to marry another woman, she inquired about the same over the phone, and enraged by the query, the accused scolded the deceased and said, ‘go away and die’. The deceased feeling mentally disturbed, jumped into a well along with her daughter and committed suicide.”
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“In matters governed by beneficial legislation, the benefit of doubt should go in the person’s favour who has met with the accident. Railways could have supported its case by examining the co-passenger or guard or by leading expert evidence to show that a person falling from a moving train could not get entangled in its wheels.”
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“This is a long drawn legal battle between brother and sisters. Although in the past the parties did try to reach to an amicable settlement, yet we are informed that the settlement failed.”
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“In case where necessary pleadings are there and no declaration is sought regarding illegitimacy of the child and the issue only relates to adultery of the wife, then in appropriate cases, a DNA test can be ordered, if there are sufficient pleadings of non-access”.
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