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“We hope that the petitioner is able to make the most of this indulgence granted by us, keeping in mind only the interest of the home buyers.”
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The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.
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“The laudable object of the policy in question is to boost the morale of teaching staff and to attract meritorious candidates to the noble profession of teaching, since it is the teachers, who play a pivotal role in building nations & civilizations.”
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The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.
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“The compliance as required to be done by the tenant in Section 7(1)(a)(b)(c) and first part of Section 7(2) of the WBPT Act regarding deposit of rent and filing an application within the same time is mandatory”.
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The petitioner sought Court’s permission for the construction of a depot at Kasheli for Mumbai Metro Line 5 along with Extra High Voltage towers and transmission lines for power supply which involved cutting mangroves and mangrove buffer zones.
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The submission that in a sexual intercourse the male is ever an active agent, and the woman forever is a passive recipient is archaic notion which finds no foothold in the present day.
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“The evidence is to be led by both the sides, but the question arises, when the paternity can be affixed by surer test, then why decision based on legal presumption or gathering of inference, on the basis of the evidence or any gap, on account of misjudgment, be left.”
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“It is the duty of an employer to ensure that in a workplace an Internal Complaints Committee is constituted in terms of Section 4 of the POSH Act. It is hence the responsibility of the Labour Department to ensure that the Internal Complaints Committee is constituted by every employer of a workplace”.
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The College Administration has taken a very casual approach and has not paid any heed to the physical conditions and injuries sustained by the deceased-student. Had they treated him at the earliest by admitting him to a good, reputable hospital either in RIMS, Ranchi or at any private Hospital in Ranchi, his life could have been saved.
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“This is the situation when 20 days ago, the Secretary-cum-Transport Commissioner had given an affidavit saying that the insurance, fitness, and tax of 6 out of 9 city buses had been deposited, five were currently running on the roads, and one more will start soon.”
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“Providing a specific reservation in form of 3% seats is totally unacceptable as it is not provided by the law, as contemplated under Article 15(5) and introducing the reservation for this category which creates sub-classification, which has no nexus with the object of offering medical education but on merit is violative of Article 14 of the Constitution.”
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“The grant of bail constitutes a discretionary judicial remedy that necessitates a delicate and context-sensitive balancing of competing legal and societal interests.”
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“Prima facie, the ECI appears to be the statutory body which should put the verification report as received from the CBDT in the public domain, especially as the correspondence has taken place between the two authorities in this regard.”
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A prima facie case has been made out by Hero Motocorp for grant of an ex-parte ad-interim injunction. The balance of convenience is also in favour of Hero Motocorp and against the defendants.
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“Insofar as the interpretation of Section 2(zk) and Section 5(2) of the Real Estate (Regulation and Development) Act, 2016. made by the High Court in the impugned Judgment is concerned; it is a matter on which we do not express any opinion, and it is left open in an appropriate case to be considered afresh.”
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“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”
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The Court clarified that Supreme Court has no administrative control over the administration of the High Court or the Judges of the High Court. The Court firmly stated that High Court Judges are also Constitutional functionaries, and they enjoy the same immunity as is enjoyed by a Judge of the Supreme Court.
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In regard to the maintainability of the appeal, the Court observed that Section 376 CrPC provides that no appeal lies in petty cases, that is, where the sentence passed is for imprisonment for a term not exceeding 3 months or a fine not exceeding Rs 200 or both, then no appeal is maintainable.
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The police under oath stated that the petitioner was informed the reasons of arrest by giving it in writing on a sheet of paper, but the fact that no such sheet of paper was ever served to the petitioner, and a completely false statement was made by the authorities, shocked the conscience of the Court.
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