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The right to close down a business is an essential part of the fundamental right to carry on any occupation, trade or business under Article 19(1)(g) of the Constitution.
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”
“It is well settled that no word, no phrase and no expression used in a legislation should be excluded as surplusage, while the Courts embark on a course of interpretation.”
In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”
Justice Prashant Kumar Mishra, who started his legal career from the District Courts and then High Courts of Madhya Pradesh and Chhattisgarh, was appointed as Supreme Court Judge on 18-5-2023.
In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
The Supreme Court issued practice direction to be followed by all litigants who propose to file special leave petitions both in civil and criminal matters with effect from 20-08-2024.
In the earlier order, the Supreme Court deferred the hearing after noting that the defects in the Delhi Government’s petition copy have not been removed.
Justice Prashant Kumar Mishra started his legal career from the District Courts and High Courts of Madhya Pradesh and Chhattisgarh and was later appointed as the Chief Justice of Andhra Pradesh High Court.
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
Justice Prashant Kumar Mishra, started his legal career from the District Courts and High Courts of Madhya Pradesh and Chhattisgarh and was later appointed as the Chief Justice of Andhra Pradesh High Court.
In a marvellous display of speed, the Collegium recommendation of elevating Justice Mishra and Senior Advocate K.V. Viswanathan to the Supreme Court was cleared by the Law Ministry in 2 days.
President of India appoints Justice Prashant Kumar Mishra, senior-most Judge of the Chhattisgarh High Court, to perform his duties of the office