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The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.
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“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
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“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”
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The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.
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They were accused of entering Air Traffic Control and forcing the personnel to give clearance for an unscheduled night flight.
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“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”
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In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.
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The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.
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Previously, the Delhi Government and other National Capital Region (NCR) Governments were directed to place their decisions on record before the Court, regarding a complete ban on use of firecrackers throughout the year.
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There was a feud between two groups of the family which resulted in an armed clash between the groups and culminated in the filing of separate complaints by the respective groups. The High Court set aside the conviction and sentence under Sections 307, 148, and 149 of the IPC but affirmed his conviction under Sections 326, 325, 452, and 323 of the IPC.
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“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.”
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“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”
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“The right to sue under Article 113 of the Limitation Act accrues when there is an accrual of rights asserted in the suit and an unequivocal threat by the defendant to infringe the right asserted by the plaintiff in the suit.”
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Puja has been accused of cheating and wrongly availing Other Backward Classes (‘OBC’) and disability quota benefit under the Persons with Benchmark Disabilities (‘PwBD’) category in the sub-category of visual impairment.
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“It would depend on the facts of the individual case, and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. There can be no hard and fast rule in this regard, and it must invariably depend on the distinctive facts and circumstances.”
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Section 16(2) of the Advocates Act, 1961 provides that- an advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of the opinion that by virtue of his ability, standing at the Bar or special knowledge or experience in law he is deserving of such distinction.
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The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.
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“In the nascent stage of their career as law students, the conduct of the petitioners is highly objectionable. Ultimately pursuit of legal education is not just about eventual personal success but about thriving for a course change in the society towards positivity.”
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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.
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“If a person sells a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is, the purchaser, may complain that the vendor committed the fraudulent act of cheating. But a third party who is not the purchaser under the deed may not be able to make such complaint.”
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