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Supreme Court noted that as per the employee in the case at hand, comes within the meaning of “workman” as given in Section 2(s) of the I.D. Act and the management without following the legal procedure, relieved him from service abruptly and hence, the same is illegal termination.
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“This was not an internal spark but it was a heavy vibration that the roter and the other components rubbed causing the spark of fire at the exciter end that propagated towards the generator. The exclusion clause therefore would not apply”.
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The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.
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Both the applicants have been released once on interim bail and during that period no incident has been alleged by the respondent to have occurred wherein the applicants have tried to tamper with evidence or influence witnesses.
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‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’
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‘If Delhi wants to be a world class city — we all must behave like world class citizens and the civic agencies must become more proactive in setting world class ethics.’
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‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’
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Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.
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The petitioner claimed to be the Prime Minister of a trans-national government of Tamil Eelam and the impact of allowing such a person to intervene in UAPA proceedings, not being a member of the LTTE or an office bearer of the LTTE, is far reaching.
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The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.
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“The Court should also pass orders only based on the written instructions, to enable it to fix the liability on the correct officials, responsible for any such wrongful representations/ instructions”.
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“Whenever even a very small part of an area, reserved for a public purpose, is used for other public purpose, the Gram Sabha concerned, and officials of State will take endeavour to make out a larger consensus amongst the villagers so that they may not approach this Court to oppose the public cause”
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The Court held that the proceedings initiated in terms of the impugned SCNs and their continuance would be futile and impractical. The impugned SCNs are essentially rendered impotent and would serve no practical purpose.
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“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”
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Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.
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The Court opined that the impugned orders resulted in a situation where the Department has been forced to continue with two employees on the same post and this situation cannot be permitted to be continued.
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The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.
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In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.
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“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”
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‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’
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