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The Court noted that the Panchayat had allowed administrative arrangements to continue for years without challenge, which militated against granting declaratory relief.
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“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
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The Supreme Court based the standardisation of prosthetic limb compensation on 5-year replacement cycle and 70-year lifespan.
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“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
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Recognising the plaintiffs’ right to protect their goodwill and trademark against a coordinated online campaign, the Court issued interim injunction in favour of them
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“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
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“A party cannot be permitted to ‘blow hot-blow cold’, ‘fast and loose’ or ‘approbate and reprobate’. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself.”
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The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.
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“We have considered the proposal submitted by the CAQM and find the same to be reasonable, just, and fair.”
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“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
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“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
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“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
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Prior to being elevated to the Supreme Court, Justice Alok Aradhe served as Chief Justice for the Telangana and Bombay High Courts and also as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
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“Merely for the reasons that exchange of some portions of the land may not be practicable for the reason that constructions on it are not as per the sanctioned map or that part of it has been sold off, are all immaterial.”
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“While considering an application for condonation of delay, the party seeking such indulgence is required to place before the Court a cogent and satisfactory explanation covering the entire period of delay, preferably explaining the delay day-to-day or at least stage-wise.”
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Lok Sabha Speaker Om Birla had reconstituted the 3-member inquiry committee to investigate the allegations against Justice Yashwant Varma.
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The principal relief sought is the imposition of a cap, restricting Aadhaar issuance primarily to children up to six years of age and the formulation of stringent guidelines for adolescents and adults to prevent misuse by illegal infiltrators.
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“Even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”
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“In view of the plea of discrimination as taken and the response filed in the counter affidavit, it is clear that out of 16 candidates 3 could not join, therefore, those posts are available.”
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“The office of the mutawalli and Sajjadanashin cannot be said to be one and the same… Sajjadanashin is the spiritual head of Waqf and declaration of Sajjadanashin is a religious affair, however, role of Mutawalli of a Waqf only pertains to the administration and management of the Waqf.”
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