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The Court stated that it must balance the right of the investigating agency, and the right of the person facing prosecution to travel in India and abroad.
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The petitioner sought to be a fence sitter and waited for the Award to be passed and thereafter filed the present petition after a lapse of more than 9 months. In the meantime, the respondent already filed a petition under Section 34, and the Award has already been stayed on this aspect.
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While the Supreme Court directed re-sealing of Justice Chelameswar led SIT Report, it also directed that summary of the investigation, finding and recommendations of the SIT shall form part of the Order copy.
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The petitioner contended that the live streams of court proceedings were being misused by several private entities in creating reels, clips, and memes, which were derogatory and wrongfully portrayed the legal fraternity.
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The Court also specified 6 Key Areas of focus for Project Ability Empowerment and directed the Centre to present their explanation on issues concerning Reservation for the differently abled.
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“Exercise of power under Section 212(1)(c) in a casual or perfunctory manner, seriously undermines the statutory provision itself and the safeguards implicit thereunder. The use of boilerplate language or extrapolations from third party documents, without consideration of all the ‘relevant circumstances’, reflects a disregard for procedural propriety.”
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“The grounds on which a legislation can be declared invalid is with regard to the legislative competence of legislature or that such a legislation is in contravention of any of the fundamental rights stipulated in Part III of the Constitution or any other provision of the Constitution or that it is manifestly arbitrary.”
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In the case at hand, Dharam Singh Chhoker, the former Haryana MLA was accused of siphoning off home buyer’s money and on ED’s application, six non-bailable warrants were issued against him, but he could not be arrested.
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“Considering the reasons mentioned by the appellant for his absence, that he was under impression that the Court clerk would give him the date for which he had requested, is a sufficient explanation to interfere in the order of dismissal for non-prosecution.”
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The Court held that the meat shops are situated within a radius of 50 meters of the temple in question for which legally the license to run meat shops cannot be granted to them.
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“Non-admission of the claim of the Appellant in liquidation proceeding shall not preclude it from taking such steps as available in law for realisation of its claim which arose after liquidation commencement date.”
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The assessee deposited 50% minor daughter’s share in the nationalized bank. Further, the assessee accounted his 50% share and offered the same as capital gain with the deduction of claim under Section 54 of the Income Tax Act, 1961.
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“The delivery of judgments alone does not guarantee the credibility of the justice system. True justice is realized only when the administration acts promptly and effectively to enforce the decisions of the courts.”
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“The petitioner’s contention that the entire educational system is failing due to the slow network appears to have merit.”
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“This CCC should not be a mere edifice of bureaucracy, but a paradigm shift, a beacon heralding a new dawn in the fight against cybercrime.”
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Explore the latest cases reported in HCC’s Goods & Service Tax Reports (GSTR) Volume on Appeal, Seized goods, Recovery of duty, Assessment, Anti-dumping, Budgetary support scheme, Jurisdiction and much more.
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Karvy Stock Broking, a registered stockbroker and Depository Participant, and its CEO faced allegations of pledging and misusing securities and funds of its clients and had allegedly acted in violation of various circulars issued by Securities Exchange Board of India.
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“A business failure could not lead to an assumption of commission of the offence of cheating, as the primary ingredient for such an offence was a dishonest or fraudulent intention from the very beginning.”
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“Having regard to the nature of sweeping directions which are sought, this public interest litigation, if we may say so, is completely misconceived.”
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Where two views were possible, the one favourable to the accused had to be adopted. In the instant case, the prosecution failed to prove motive, the ‘last seen theory’ stood contradicted, and the scientific evidence was marred by inconsistencies and loopholes. In such circumstances, it was held wholly unsafe to uphold the conviction, much less the extreme penalty of death.
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