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The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.
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“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”
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The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
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If there is any misuse of power/misappropriation of funds/non-extension of requisite care and protection or support regarding the treatment of the person lying in comatose state, it is open to bring up the matter before this Court to revoke the power.
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The Court has upheld a restraint against Canada’s Jamp Pharma and associated third parties, preventing them from infringing upon Jubilant Generics Limited’s intellectual property rights and unauthorized use of its confidential product dossier reinforcing the importance of respecting cross-border confidentiality agreements in pharmaceutical manufacturing and distribution.
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As per the provisions of Muslim law and the DV Act, the Court opined that the present petitioner being father-in-law of respondent, cannot be compelled to give maintenance to the respondent.
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To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
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The brief closure of Digwal unit or imposition of monetary penalty, in terms of the NGT Order, did not require any disclosure in terms of regulation 30(4)(i) of the LODR Regulations.
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Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.
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The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.
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Contemnor who is an Advocate has made scandalous and derogatory allegations against the Judicial Officers, Judges of this Court, Police Officers, etc. Further, it is also clear from the aforesaid that the Contemnor has no respect for the Courts as also the entire judicial system itself.
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The petitioner’s approach in the review petition reflects a selective cherry-picking of sentences from the judgment, disregarding the comprehensive analysis of the rival contentions provided throughout. The so-called “errors” highlighted by the petitioner are not, in fact, errors, let alone errors “apparent on the face of the record.”
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“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”
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The Court noted that the 2021 decision was rendered without taking note of the relevant statutory scheme under Customs Act, 1962 and government circulars and notifications issued which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices.
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“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”
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“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
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The applicants failed to establish fraud or misrepresentation in the earlier proceedings and did not take adequate steps to protect their property rights.
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The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.
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The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
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Dream 11 is a fantasy sport league is an online multi-player game where participants draft virtual teams of real players of a professional sport. These virtual drafted teams get points based on the performance of the players in actual games.
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