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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.
The Union Internationale des Avocats (‘UIA’) has organized a two- day seminar on the theme ‘India Ahead: Exploring legal, regulatory and geopolitical updates impacting FDI in the world’s fastest growing economy’. The seminar will be held at the Delhi International Arbitration Centre (‘DIAC’), Delhi High Court, on 29th and 30th March, 2025.
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.
“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”
The assessee’s case was that whether he had filed a belated return of income, after the expiry of the due date or not, was immaterial and the point in time when the offence under Section 276CC is committed is the date immediately following the due date for furnishing the return of income as prescribed under Section 139(1) of the Act.
The Court noted that neither the owner of the vehicle nor the driver was arrayed as an accused, and only third-party occupant was arrayed as an accused; and the police after investigation found no trace that the owner allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance.
“For mens rea to be established, something better than vague statements must be produced before the Court.”
“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.
The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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Hailing from Kangra district’s Garli, the first heritage village of India, Justice Sanjay Karol served his parent High Court of Himachal Pradesh as Acting Chief Justice and High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.
“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction
Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.
“When a legislative body enacts a legislation there is a presumption of constitutionality unless proven otherwise, similarly, a policy decision when taken by the competent authority enters the fray of enforcement with a presumption in its favour of being in public interest, unless otherwise shown, demonstrated and proven to be among other grounds, manifestly arbitrary.”
“The failure to adequately assess health and environmental impact of Genetically Modified crops seriously infringes upon intergenerational equity as it potentially endangers the ability of future citizens to enjoy the highest attainable standard of health.”
The Court allowed the ‘indigent woman’ to file an appeal as an ‘indigent person’, as her indigency was not extinguished by the compensation awarded, for she did not actually receive the money at the time of filing the appeal.
Supreme Court questioned the haste shown by the Central Govt issuing impugned notification during nationwide lockdown and held the inclusion of item 6 to be illegal.