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“Petitioner is a former MLA and the argument that he has ceased to be an MLA at time of commission of alleged offence, cannot be a bar to his case being tried by the Special Court, constituted to deal with criminal cases pending against MPs/MLAs.”
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“This Court has expressed its anguish on more than one occasion regarding the complete inaction on the part of the Government to implement the Orders of this Court.”
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“If a Resolution Professional proceeds in terms of Section 25 of the IBC and secures the assets from the creditors, the creditors would not be entitled to claim set-off during the course of the Corporate Insolvency Resolution Process.”
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Calcutta High Court emphasised that the purpose of the preliminary inquiry is not to determine guilt or innocence but to decide whether an inquiry is expedient in the interest of justice.
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“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”
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The High Court earnestly emphasised that “Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas”.
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It is a personal choice and fundamental right of an individual, though a convict, and his wife who is a free citizen to have a child together for protecting and saving their lineage which must be respected by a Court of law.
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“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.
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There is nothing inherently illegal in IIL providing a drop down menu from which prospective sellers, on the Indiamart platform, can select the brand which they intend to sell. If, however, there are not, in place, sufficient checks and balances to prevent counterfeiters from misrepresenting themselves as genuine sellers, the protocol cannot withstand judicial scrutiny.
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“Utter chaos will result if schools are permitted to commit errors while uploading students’ marks on CBSE’s website and thereafter, call upon CBSE to correct the marks awarded at their end.”
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No explanation was forthcoming in any of the affidavits filed on behalf of the State about non-payment of compensation to the dependents of the deceased sanitation workers who had died during manual scavenging.
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Madras High Court said that natural justice clearly requires that the additional evidence placed on record by both parties should be considered by the Opposition Board.
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“It is also important to note that Kendriya Vidyalaya’s are not schools recognised under the Delhi School Education Act, 1973 or the rules made thereunder and these schools are not bound to follow local Acts and Regulations of every State.”
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“Quick decision making is crucial not just for the donor or the recipient, but also for their respective families.”
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The Calcutta High Court emphasized that no party should engage in political activities or slogans and directed possible videography by police authorities from 06-01-2024 to 07-01-2024.
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“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”
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Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.
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While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.
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“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”
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“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”
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