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The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
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The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
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Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.
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When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.
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‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’
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“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
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This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.
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The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.
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“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
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The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
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“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”
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Since petitioner disputes the fact that respondent-authorities have served the show-cause notice, thus, respondent-authorities are directed to demonstrate the manner and mode of service of the show-cause notice on petitioner before passing the speaking order.
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“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
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The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.
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“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”
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Transferring the case to CBI would prevent unnecessary delay in the judicial process as well as potential misrepresentation of information which could undermine effective and credible enforcement.
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“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.
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Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.
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The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
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Petitioner was released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.
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