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Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”
Supreme Court also asked the State Government to take necessary steps to ensure biometric facilities for controlling access to the duty rooms and rest rooms.
“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”
Constitution of India — Arts. 141 and 142 — What is binding — “Law declared by Supreme Court” — Doctrine of merger
This report covers the Supreme Court’s Never Reported Judgment, on common intention, dating back to the year 1953.
Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
The NGT had directed to restrict the total number of Dhol, Tasha, Zanj Groups to only 30 per group along with real time monitoring of noise pollution around each Ganesh pandal and initiating criminal proceedings against the violators.
“Making a party run from Court to Court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out”
by Prashant Pakhiddey* and Manav Gill**
“For a long time, the parties are placing on record black and white photocopies of photographs, mostly which are blurred.”
Shashi Tharoor while addressing the audience at the Bangalore Literature Festival in 2018 had quoted lines from the article published by the Caravan magazine and which said that “Mr. Modi is like a scorpion sitting on a Shivling; you cannot remove him with your hand, and you cannot hit it with a chappal either.”
Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
