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“The power of review being substantive in nature cannot be applied retrospectively to validate actions taken at a point of time when no such power existed.”
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The Court accepted the contention that encashment of insurance surety bonds aggregating to nearly ₹100 crores, prior to final adjudication, would result in grave and irreversible loss and injury.
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“If electricity duty is charged on per cent of ‘net charges’ for energy consumed or sold, then similarly situated persons pay different duty depending on the distribution licensee, since the tariff fixed by the JSERC varies, which would amount to violation of Article 14 of the Constitution.”
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“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”
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“The Court noted the relevance of Article 51-A(h), which enjoins citizens to develop a scientific temper, humanism, and the spirit of inquiry, and the petitioner’s reliance on Article 21 of the Constitution, and that despite repeated adjournments and assurances, the State had neither enacted legislation nor conclusively declined to do so over a span of nearly four years.”
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“The pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive.”
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Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.
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“The franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement.”
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“The pre-condition for invoking Section 59 of the Companies Act, 2013 is that the Applicant must already be a valid holder of a share certificate prior to invoking the provision.”
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“No other option is left with us but to summon all the State authorities who are impleaded herein, as it appears that, in such an important matter involving public interest, they are not only not cooperating, but their conduct displays certain intransigence which needs to be addressed.”
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“The accusations against the accused were prima facie well-founded, particularly the allegation that he transmitted nude videos of the girl through social media. The Court observed that such conduct could not be viewed lightly.”
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“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”
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“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
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Justice delayed is justice denied, and any attempt to prolong proceedings by reopening arguments after the matter stood closed and reserved for pronouncement of judgment is liable to be held vitiated in law.
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“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”
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For exclusion of provisionally enrolled Advocates from Bar Council Electoral Roll, remedy lies before Bar Council Election Committee, not writ court
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The nurse contended that after cognizance was taken, she moved several applications on every date for exemption of her personal appearance as she was pregnant and unable to appear before the Trial Court.
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“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
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“The Pen Drive containing the images and the video showed that the accused chatted with someone, and both criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war served no fruitful purpose.”
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“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”
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