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“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”
The Court rejected the intervener’s application with costs of Rs. 10,000/- to be deposited in the account of the High Court Employees Union within 15 days.
“It is unfortunate that even the Divisional Commissioner, Shahdol has chosen to merely countersign an order of rejection of appeal, without application of mind.”
“Since the colleges of the petitioners before this Court did not deposit the fee before the Bar Council of India and it did not renew the recognition, it is not the fault of the candidates and the Bar Council of India should have taken strict action against such institutions.”
““abetment is separate and distinct offence than rape” and if the act abetted is committed in consequences of the abetment, then the person i.e. man or woman abeting such crime is liable to be punished under Section 109 of IPC.”
During the hearing, the advocate remarked that the court had been conducting a “tamasha” for four hours and criticized judicial appointments, referencing incidents in Delhi.
The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.
“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”
As an interim measure, the Court restrained the DCP from proceeding further in the matter till the next date of hearing.
“There is no bar under Section 52 of Forest Act, 1927 from appearance of Advocates in said proceedings.”
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
“If the officers had allowed or compelled the petitioners to work in the field for the safety of people, specifically when the country was fighting hard against the COVID-19 pandemic, then such an action of the officers cannot be said to be contrary to law or mala fide.”
“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”
“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Till a solution is found, female teacher will be permitted to send photographs of the Campus or Office of the Principal treating it to be attendance.”
The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”
“Huge increase in volume of traffic and everyday traffic congestion in both sides of the BRTS Corridor persuaded the Expert Committee to conclude that BRTS Corridor has lost its utility in the present-day scenario.”
“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”
“Section 154(5) of the Electricity Act, 2003 gives exclusive jurisdiction to the Special Court to determine civil liability in electricity theft cases.”