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The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
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The Court observed that the complainant lacked locus standi to lodge an FIR, which could only be lodged by the converted person, their parents, and siblings, or relatives by blood, marriage, adoption, or association.
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“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”
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“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.
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“The State has to ensure the protection against exploitation and to provide childhood care, and therefore the said words ‘protection’ and ‘care’ has to be given widest meaning.”
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“The present being a case where the grievance sought to be raised by the petitioner is regarding alleged obstruction by his neighbour in the construction of a gate on the petitioner’s property, the same in our view would not come within the purview of provisions of the Senior Citizens Act 2007.”
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The ITAT reiterated that so far as an interpretation of such an exemption provision in a fiscal statute was concerned, a stricter interpretation had to be employed rather than a liberal one.
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The Appellate Tribunal for Electricity had remanded matter to Central Electricity Regulatory Commission to reconsider issues pertaining to station heat rate, carrying cost, and increase in VAT, Entry Tax, etc. due to change in law, force majeure events affecting petitioner’s project.
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“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”
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“If the employees of District Courts failed to resume their duties and situation so continued till 28-07-2025, then ESMA can be invoked to maintain discipline and resume the work of the Court.”
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The Court stated that if the minor left immediately on being allegedly sexually assaulted by pushing away the accused where was the occasion for the accused to extend threat. The sequence of events, as narrated by the minor, does not clearly establish that the alleged threat was made with the intention to cause alarm.
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As per the Rules, Chanda Kochhar should have distanced from the meetings which were held for loan sanction, because of conflict of interest. However, not only did she participate in the meeting, but she also sanctioned the loan under urgent category.
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In contempt of a custody order of the Court, the alleged contemnor had taken the children from Hyderabad to Bhopal without the permission of the contempt petitioner.
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In the present case, initiation of the voluntary liquidation was a voluntary commercial decision taken by the shareholders. It is open to the shareholders, where no prejudice is caused to any stakeholder, to reconsider and reverse their decision, particularly when the process has not proceeded to an irreversible stage, such as distribution of assets.
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UN General Assembly had requested the ICJ to issue opinion on questions framed vis-a-vis States’ obligations for the climate system. During the proceedings, 91 written statements and 62 written comments were filed by the States and international organizations.
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The Court presumed that the absence of a reason for not disclosing the higher amount in the Agreement to Sell (‘ATS’), and the lack of explanation for payment of sale consideration disguised as rent is likely to evade taxes. This suppression made the 1982 ATS illegal, and against the public policy as per, Section 23 of the Contract Act, 1872.
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“Unless the attention of the court is drawn to the specific consequences that would follow on account of the conviction, the person convicted cannot obtain an order of stay of conviction.”
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When any investigating agency, on the intimation from the ED, commences investigation then the ED can investigate into those aspects provided there are “proceeds of crime” of the predicate offence. However, if no such case is found, then the ED cannot suo-motu proceed with the investigation.
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“The scope of Section 34 review, though narrow, does permit the court to excise patently illegal portions of an award, even if a granular item-by-item objection was not pleaded, so long as the broad ground was raised and both parties had opportunity to address.”
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“The Furlough Scheme has to be read as a whole, and an employee cannot contend that the beneficial part of the scheme is admissible and the part which provides for furlough period not being counted towards retiral dues separately is not sustainable.”
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