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“The waiver under Section 4 of the Arbitration and Conciliation Act, 1996 will be inapplicable to the unilateral appointments as it is governed by Section 12(5), which specifically provides for waiver by express agreement in writing.”
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“The question, therefore, that we ask ourselves is as to whether the Speaker has acted in an expeditious manner, when expedition was one of the main reasons, why the Parliament had entrusted the important task of adjudicating disqualification petitions to the Speaker/Chairman”.
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“A life convict is entitled to parole only in extraordinary situations, and that also as per the law in force.”
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The Court stated that agreement of surrogacy is opposed to public policy in India. Therefore, consent for sexual relation under such illegal surrogacy agreement is not a valid consent as per the provisions of the Penal Code, 1860.
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The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides.
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“This Court while dealing with edible items for human consumption, owes a duty of exercising a greater degree of care, caution as also to apply a more stringent test to avoid any possibility/likelihood of confusion between different edible products amongst the general public.”
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“Merely because the documents pertaining to the admission of the student could not be uploaded on the portal of the Dental Council of India due to genuine difficulty of connectivity, it ought not to jeopardize the academic career of the student.”
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The Court had acknowledged that while the right to reproductive autonomy, including the right to terminate a pregnancy, as well as the dignity and privacy of the pregnant person, are paramount.
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Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.
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“A possible view by an Arbitrator on facts has necessarily to pass muster as the Arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award.”
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“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”
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The Court reiterated the well-settled law that an accused can only be convicted on legal evidence, and only if a chain of circumstantial evidence has been so forged as to rule out the possibility of any other reasonable hypothesis excepting the guilt of the accused.
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“The precious time of this Court has been wasted in adjudicating this avoidable piece of litigation which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law.”
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“Section 35 of the BNSS, 2023 provides for arrest of persons by the Investigating Agency, ensuring that the person concerned appears before the Investigating Agency and cooperates with the investigation. The provision delineates the prerequisites that must be fulfilled before a person can be arrested without a warrant, keeping in mind the laudable objective of safeguarding the liberty of an individual.”
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The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.
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“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”
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The Court observed that the accused persons are not just normal employees but participated in misbranding of the controlled substance as normal drug. They have also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity.
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“The action or inaction of the respondent in not following through with the disciplinary proceedings after suspension orders were passed has rendered the said proceedings as infructuous”
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“Judicial independence is a basic feature of the Constitution. We Judges have taken oath to discharge our judicial duties not only without favour but also without fear.”
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In 2022, a complaint was filed against Chirag and Lakshya alleging that the players had misrepresented their date of birth to qualify for tournaments in the Under-13 and Under-15 categories and thereby gained wrongful selection and monetary rewards.
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