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“The resignation of an employee entails forfeiture of service, and a clear distinction can be drawn between resignation and voluntary retirement, as both are disparate in terms of their operation and consequence, and therefore unlikely to hold an equivalent character.”
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In the case at hand, it was alleged that the date of personal hearing and the date of filing a reply are the same.
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“For the embargo under Section 21(4) of the MCOCA, regarding the possibility of the applicant committing an offence while on bail, the Court noted the applicant’s absence of antecedents, his young age, and the limited nature of the alleged contact with a co-accused, and found it unlikely that he would commit any offence.”
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“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”
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“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”
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“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”
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“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”
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“We see no difficulty in such details being included in the newspaper, when a notice is published, so that adequate opportunity can be availed by those who are interested in raising objection, out of environmental concern or for any other reason which a person deems appropriate.”
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“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”
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“A textbook case of the ‘Kerly impasse’ where infringement and passing off coexist as concurrent causes of action”
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“It is the responsibility of the Universities and Colleges to ensure that no untoward incident takes place in the campuses, and they must make all endeavour to ensure that academics is not compromised for reason.”
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The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.
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“Direction of such nature wherein the appellant would carry a placard with message that he will never misbehave with any girl and stand at the gate of the University carrying placard for 30 minutes for 30 days, is not only humiliating but would cast a permanent scar on the character of the appellant, which, in the circumstances of the case, is not called for.”
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“Learned counsel, in unison, have expressed their concern about the reported incident and have categorically stated that such incident, if it had occurred, not only threatens security the individual lawyers practicing in the Courts, but also erodes the dignity and propriety of the proceedings of the Courts.”
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“It was undisputed that the educational institution was being run without valid recognition from the Government concerned, and the averments in the educational institution’s counter affidavit stated that the said institution was imparting preschool education to about 300 students, teaching Quran and allied subjects.”
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“She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become prominent.”
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“A person is an Indian citizen by birth in terms of Section 3(1)(a) of the Citizenship Act, 1955, if such person was born in India on or after 26 January 1950 but before 1 July 1987.”
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“Making adequate provisions for toilets / sanitation facilities concerns the basic human rights under Article 21 of the Constitution/”
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“In view of the express bar on re-evaluation, the subjective nature of the assessment, and the absence of any material error or exceptional circumstance, judicial interference is unwarranted.”
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The Court observed that the victim admitted being about 18 years old, while her father’s evidence on age was inconsistent. With contradictions between oral and medical evidence, minority was not proved, and hence, Protection of Children from Sexual Offences Act, 2012 could not be invoked.
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