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“The appointing authority has no discretion to refuse withdrawal if the request is made before the notice period lapses and before the retirement has actually taken effect. The employee cannot be treated as functus officio during the notice period”.
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“The fact that IndiaMART provides an option for a seller to choose the brand of its products specifically describing its goods cannot, prima facie, be held to be a ground to hold that it aids and abets the infringer in displaying the counterfeit products of a particular brand.”
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Counsel for the respondent stated that a total amount of Rs 95,00,000 has been paid to the witnesses/complainants by the applicant.
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The Constitutional Court can exercise its constitutional powers in transferring investigation from State investigating agency to any other investigating agency, including CBI, only in rare and exceptional cases.
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The Court relied upon the decision of the Supreme Court in a case where a similar amendment of by State of Rajasthan was held ultra vires Article 14 and Article 246 of the Constitution due to the doctrine of public policy being vague and uncertain.
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The inability to engage in full-time or gainful employment by wife cannot be viewed as a voluntary choice but must be seen considering the practical limitations imposed by her dual responsibilities.
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“No doubt, Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression, this freedom is subject to the reasonable restrictions, and it does not include the freedom to make statements which are defamatory to any person or defamatory to the Indian Army.”
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“It is not the job of any trained law enforcer, skilled in the efficient use of force continuum to mete out unmerciful, furious beatings to a common man on the drop of the hat and disrespect civilians, wielding their authority to disregard and disrupt law and order themselves.”
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The central dispute involved RBI’s cancellation of Shabros Finvest Pvt. Ltd.’s NBFC registration for allegedly failing to meet the prescribed Net Owned Fund (NOF) requirement.
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The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.
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The Court clarified that the conditions imposed in Hajrat Peer Malik Rehan Mira Saheb Dargah v. State of Maharashtra, 2024 SCC OnLine Bom 1697 will also apply to the year 2025 and must be strictly complied with.
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“It is more than settled that there is no equity in taxation law and equity would only come into play in case there is no law operating in the field. For it is well settled that whenever conflict is between the law and equity, law would prevail.”
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In the instant case, the petitioner, who is a boxer, approached the respondents to be considered for trials and selection process to represent Meghalaya. However, he was denied the same without affording any reason.
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“When the Court decides that the interpretation given to a particular provision earlier was not legal, it declares the law as it stood right from the beginning of its promulgation.”
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“The path to independence is particularly complex for Care Leavers but with the right policies and support systems in place, these young adults can be empowered not just to survive but to thrive.”
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The petitioner-husband and Respondent 2-wife agreed to some conditions, including that the petitioner must hand over all documents and certificates belonging to Respondent 2, currently at his residence in India and in the USA, to Respondent 2.
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The Court highlighted that some of the petitioners have scored good percentile and further, some of them are even from the marginalised sections of the society. They will be deprived of participation in counselling and consequent admission to the course and institute of their choice for reasons beyond their control, as the result of class 12 is yet to be declared by NIOS.
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“It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities.”
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‘Deemed confirmation is a perilous concept in service jurisprudence which has long been discarded since it erodes the power of the employer to assess work, conduct, and behaviour of the probationer.’
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“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
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