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The respondents submitted that the action of the Petitioners in conducting another Review Medical Examination is clearly illegal, ultra vires, and without authority, and therefore deserves to be set aside in its entirety.
“Police authorities are responsible for not taking action in time on the complaint made by the petitioner as they waited for three long years to register the crime, that too after directions of the Supreme Court, which had added to the agony of the petitioner.”
A dispute had arisen between the M.P. Housing and Infrastructure Development Board and the applicant regarding non-performance of their consulting services in a given timeline as per their agreement.
The Court called out the disturbing trend of extending undue benefit of deliberate procedural lapses at the initial stage of a crime.
“It is correct that this exam is very important for every child for their future career, but it is also important to note that out of 27,264 candidates, only 70 candidates have filed writ petitions complaining about disruption due to power outage which is a very insignificant figure.”
“Proviso to Section 12(5) gives a discretion to the parties to waive the applicability of the appointment of an Arbitrator by one party, but the word ‘may’ has been used”.
“It is apparent that the act is deliberate and malicious intended to outrage religious feelings of the complainant and the public at large by insulting its religion, which is prejudicial to the maintenance of harmony in the society.”
The original partition suits were filed by the heirs of the deceased Nawab’s elder brother against Saif Ali Khan’s grandmother who inherited the vast personal estate of the late Nawab, her grandfather, when she took the throne.
The Court noted that since the convict assaulted his wife with a brick in the spur of the moment, the case would fall under the ambit of culpable homicide not amounting to murder, i.e., Section 304-II of the IPC.
“The exam was only three hours, in which even for ten minutes, if a student faces a difficulty in reading and writing due to a power outage, the same has the effect of rattling one’s mental condition, and is sufficient to disturb his or her composure and focus for the remaining time.”
“Constitutional vision and morality ought to prevail over personal and vested interests. It deserves to be protected with utmost care and caution, and no activity as sought by the petitioner can be permitted lest the monument lose its originality, sanctity, and vitality.”
While the crime was heinous and against a child, the Court noted that although the act was “barbaric”, it could not be termed “brutal” in the sense that it required capital punishment.
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
“…simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.”
The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.
The State submitted that the consideration of the eligible candidates including the petitioner has been done by a duly constituted committee and one Kumari Bhavna Dehariya is selected for the grant of Vikram Award 2023.
In the instant matter, the grievance is centered around a power outage lasting approximately 1—2 hours, which allegedly disrupted the examination and caused extreme stress to the candidates.
“It is the duty of Chief Executive Officer to ensure that no loss of money or property of Panchayat is caused…”
“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”
Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.