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“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
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“Residing together cannot be added as additional condition to be established by claimant to be entitled for compensation. Burden to establish separation would be on Insurer.”
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“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”
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Even if the entire allegations made against the petitioner are considered to be true in their entirety, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law.
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“Scandalizing a Judicial Officer of District Court is bound to shake confidence of the litigating public in the system and has to be tackled strictly.”
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It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.
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“The customs officer can reject the transaction value as the assessable value and re-determine it as per the Valuation Rules for the purpose of imposing duty, but this would not change the transaction value for the purpose of receiving foreign remittance.”
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“It is settled position of law that if there is no pleading having been taken before the writ court, then it is not available for the party concerned to come out totally with the new case for the purpose of scrutinising the order passed by the Single Judge on the basis of the document which was never been placed before the Single Judge for its consideration.”
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Procedural fairness includes the right of parties to choose their mode of hearing, especially when both physical and virtual modalities are feasible. Tribunals must not only be accessible in form, but also in substance.
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“Time-barred claims must not be excluded from conciliation under the MSMED Act. The statute of limitation only bars the remedy but does not extinguish the underlying right”.
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As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
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“It was made clear that the tender process was not stalled and it could continue until the point of selection of the replacement operator, and only the actual final appointment was to be kept on hold.”
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The Court stated that it cannot be overlooked that the Order of maintenance dated is only ad-interim which implies that the Order shall be made after considering the affidavit of income, financial capacity and responsibilities of both the parties, aside from their personal qualifications.
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The Court emphasised upon transparency in arbitration proceedings by setting aside an arbitral tribunal’s order which was based on a heavily redacted document. The Court categorically held that allowing parties to squirrel some information into the court record “in sealed cover” undermines every concept of fair justice and openness and transparency in the decision-making process.
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“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”
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“Building safe schools should be priority for architects, engineers, policy makers, administrators and emergency response planners.”
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The main dispute arose from two allegedly flawed questions in the CUET (PG)-2025 Psychology paper. The petitioners claimed that the official answer key provided incorrect or academically debatable answers, adversely affecting their scores seeking judicial intervention to ensure fair evaluation and correction of the final key.
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“Unauthorised use of public premises, even if purported to serve a public purpose, cannot be legitimised unless regularised in accordance with law.”
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“The combined reading of Sections 23 and 27 of the Registration Act, 1908, clearly do establishes that, Wills are not subject to the four months limitation period applicable to other documents, and may be registered either before or after the death of the testator.”
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“Claimant’s chances of a brilliant career, marriage and all other enjoyment of life have been snatched. Though, no amount of money can compensate such a loss, it does not mean that the just and adequate compensation should not be awarded for the above noted losses.”
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