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“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”
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Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.
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It is truly ironical that the JNU is seeking to defend its case by relying on the fact that the petitioner, a 100% visually challenged student — has provided a residential address 21 km away from the JNU campus. The submission deserves no further comment.
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“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.
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“Broad brushing every non-disclosure of criminal case as a disqualification from the recruitment will be unjust.”
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Calcutta High Court directed the Joint Special Officers to conduct a fresh auction for the vessel in conformity with the order of sale and appoint a fresh valuer who will reflect a more realistic value of the vessel.
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Supreme Court highlighted that the provision for filing curative petitions was incorporated in Order XLVIII of the 2013 Rules.
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“If any other candidate that has been held up outside the Examination Hall for want of uploading the domicile certificate in time, all such students will be entitled to enter the Examination Hall and undertake the examination with extension of time as noted above.”
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Delhi High Court affirmed the Administrator’s sole authority for granting event permissions within the Kalkaji Mandir precincts, emphasizing the need for formal application processes. Enhanced security measures were endorsed to address crowd management deficiencies, particularly during peak footfall periods.
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In 2023, Madras High Court had held that the mosque was illegally constructed without any building sanction plan.
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The legitimacy of the administration of criminal justice will be eroded, and public confidence shaken if MLA’s and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case.
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“The delay in timely addressal of rehabilitation and repatriation procedures directly impacts the well-being and rights of children, as they remain in vulnerable situations for prolonged periods without adequate support and intervention.”
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Calcutta High Court opined that the “allegations of encroachment are essentially a title dispute which is beyond the jurisdiction of a Writ Court.”
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“Since this a case that brings to the fore a palpable error, the Court, which is otherwise wary of entering an arena reserved for the experts, is constrained to entertain the writ petition and grant the necessary relief.”
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If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
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Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.
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“Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service.”
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“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”
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“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”
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It was alleged that HSVP exercised unfettered powers and cancelled the auction of the plot without providing any reason or jurisdiction.
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