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The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.
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The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
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“The report of the surveyor can be contested by the insured for valid reasons. The insurer is required to consider the report of the surveyor appointed by it although he is not bound to accept the report in entirety.”
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“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
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If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.
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“It is the duty of the State Government and its department to provide opportunity to its employees especially a female employee to be given benefit of higher education by sending her for further training.”
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The Court observed that the recommendations made by an Expert Committee are not binding on the NGT, they are only by way of assistance to enable the NGT to arrive at a correct decision in the matter.
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The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.
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“It is intriguing as to why a reputed company such as the defendant company, Wipro Enterprises would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trade mark as that of the plaintiffs, Himalaya Wellness Co.”
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Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.
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NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.
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The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.
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A person who has chosen violence and does not have any value of human life has no right to plead that the State should take special measures to protect his life from his rivals. The perception of threats, if any faced by such a person, is of his own making for which the State cannot come forward to provide him with security.
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“If an order of the nature is declined that would have the impact of bastardising the minor girl child among the public.”
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Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.
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The Constitutional Courts would not interfere with a view expressed on interpretation unless it appears to be grossly inappropriate and outlandish.
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A challenge to an Award on the grounds of violation of “public policy” or “fundamental policy of Indian law” would be liable to be countenanced provided it is established that its enforcement would run contrary to well-established legal tenets which brook of no exception.
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The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.
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Supreme Court said that it will take recourse to the coercive arm of law, if any such incident occurs in the future. Also warned that there shall be no impediment in the work of legal defense counsel.
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The Constitution of India embodies a federal structure of Government which essentially requires a strong sense of cooperation among not only the Government at the Centre and the States but also the provincial Governments inter se.
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