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“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
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Supreme Court left it to the Union Government to determine whether a change in law was warranted through diverse considerations falling within its remit during policy making choices and decisions.
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In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.
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“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”
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Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.
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Madras High Court rejected the argument of the respondent that the Revised Guidelines for Idol Immersion can be implemented only regarding immersion and not regarding manufacturing activity.
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In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.
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Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.
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Punjab and Haryana High Court tagged the instant petition to be an abuse of the legal process for covering up the petitioners’ illicit relationship on being caught.
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“The plaintiffs have a family of marks all of which use the “TAK” suffix; therefore, the “TAK” suffix has become a source identifier of the marks of the plaintiffs and is, thus, the dominant part of the mark.”
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At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
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The present PIL was filed by the petitioner based on two news reports, had there been some due diligence exercised and research done on the part of the petitioner, it would have been apparent that the issues raised by the petitioner in the instant PIL had already been addressed through relevant statutes, rules and notifications.
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“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”
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“Special rules of jurisdiction laid down by the Brussels I bis Regulation are to be interpreted strictly and do not permit an interpretation which goes beyond the cases expressly envisaged by that regulation.”
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“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.
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“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.
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“The aim of fostering diverse supplier base can serve as counterbalance to intrinsic challenges posed by oligopsonistic market. By discouraging market domination by single entity, tender conditions are designed to mitigate the risks associated with limited buyer options, thereby creating more level playing field for all market participants.”
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While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.
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Supreme Court said that admissibility and credibility are two distinct aspects, and the latter is really a matter of evaluation of other available evidence.
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In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.
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