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It was further held that the courts must identify and determine “points for determination”, even in default or ex parte suits, and answer them to resolve the matter of controversy between the parties.
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Guidelines issued by Sri Bharati Tirtha Mahaswami, the Jagadguru Shankaracharya of the Sringeri Sharada Peetham state that persons who have travelled aboard, or have undergone shaving or haircutting contrary to traditional norms and persons who do not adhere to the prescribed spiritual practices shall not enter the sanctum sanctorum and participate in the worship of the deity.
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“An arbitral tribunal, being a creature of contract, cannot grant relief in disregard of contractual stipulations.”
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It is a settled principle of service law that payment of salary and attendant monetary benefits is ordinarily premised upon actual discharge of duties.
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“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”
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The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment.
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“It is expected from the RPSC to ensure that the subject experts are persons having good academic record with excellent academic expertise. We strongly deprecate the practice of the experts relying upon newspaper articles like “Washington Post” or “Hindustan Times” in arriving at a conclusion of a question. We also deprecate the practice of the expert to answer and reject the objections in one line and that too without assigning a convincing reason.”
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“The husband’s girlfriend was neither related to him by blood, marriage or adoption, nor was she residing in the matrimonial home or subjected the wife to harassment or intimidation. The continuation of the criminal proceedings in the case would amount to abuse of the process of law and defeat the ends of justice.”
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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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“The arrest made before the registration of FIR, on the basis of illegal telephone tapping and unauthorized search and seizure, held to be illegal and unconstitutional.”
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“We find it ironical that the Commission has ignored this basic tenet of natural justice by issuing the direction in question without hearing the appellant. Thus, on this count also, the impugned order cannot be sustained.”
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The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.
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“Such unauthorized use does not only lead to unjust commercial enrichment but also infringes on the individual personality rights and in cases of a pornographic content tarnish the plaintiff’s reputation and goodwill.”
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“The Right to Life enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”
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The FIR alleged that he was operating a fake Embassy illegally in Kavi Nagar, Ghaziabad, by hoisting flags of various countries and putting diplomatic number plates on vehicles to defraud people. The Embassy did not have the permission of the Ministry of External Affairs.
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“There is no question of vesting any unfettered, untrammelled, or unchanneled discretion in the governmental authority, as the discretion must be exercised judiciously, after due application of mind and for the public good.”
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“Prima facie, it emerges that the IO is acting under pressure or is ‘persuaded’ by some other factors. We need not say anything more at this stage.”
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Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
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“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
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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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