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id_1360
0
In this appeal, the challenge is to the judgment and decree dated 07 December 2020 passed by the Family Court at Akola whereby the learned Judge of the Family Court, Akola rejected the decree for divorce as prayed by the appellant and granted a decree for judicial separation for a period of one year., The respondent an...
id_1360
1
In our view, therefore, the proposition of law laid down in the judgments (supra) squarely applies to the facts of the case of the appellant. It is further pertinent to note that the conduct of the respondent to perform the second marriage and not to lead the life with the appellant is writ large from the fact that she...
id_1362
0
(CNR No. MHCC02-008469-2020) Rhea Chakraborty, daughter of Indrajit Chakraborty, age 28 years, actress, resident of 101 Primrose Apartments, Near Ajivasan Hall, Next to SNDT College, Juhu Road, Santacruz (West), Mumbai-400049. Applicant/Accused: The Union of India (through the Intelligence Officer, Narcotics Control Bu...
id_1363
0
Neutral Citation Number: 2023:DHC:3707-DB Through: Mr. Arvind Datar, Senior Advocate with Ms. Kavita Jha, Mr. Vaibhav Kulkarni and Mr. Anant Mann, Advocates, versus Respondents. Through: Mr. Tushar Mehta, Solicitor General with Mr. Balbir Singh, Additional Solicitor General and Mr. Zoheb Hossain, Senior Standing Counse...
id_1363
1
He stated that usually cases where income‑tax raids or searches have been carried out are dealt with by the Central Circle. He contended that the Central Board of Direct Taxes circulars indicate that the transfer to the Central Circle is not to be at the whim of any Income Tax Officer or Commissioner, but the stipulate...
id_1363
2
Consequently, the power of transfer under Section 127 of the Income Tax Act is not in any manner denuded by the Faceless Assessment Scheme when the transfer is sought to be made from a Jurisdictional Assessing Officer under one Principal Commissioner of Income Tax to another Assessing Officer under a different Principa...
id_1366
0
The issue arising in the present proceedings is about achieving an equilibrium between the right of meat vendors to do business on one hand, and the concerns for food safety and public health on the other. It may also be described as a conflict between the right to food and the right to have safe food., Learned senior ...
id_1366
1
It was submitted that the definition of 'slaughter house', which means killing of food animals for human consumption, brings their small shops within the sweep of the 'slaughter house' as poultry is treated as an animal used for human consumption. It was further submitted that birds – the poultries and chicken – may no...
id_1368
0
CRR 1420 of 2019 Debarati Banerjee The State of West Bengal & Anr. For the petitioner: Mr. Ayan Bhattacharya, Mr. Arindam Dutta, Mr. Kausik De, Mr. Mohini Majumder, Mr. Raghav Munshi. For the Opposite Party No.2: Mr. Prosenjit Mukherjee, Mr. Nirmalya Kumar Das, Ms. Poulami Dutta. Finally heard on 17 July 2023. Judgment...
id_1368
1
In view of the aforesaid discussion I find that the opposite party no. 2 herein failed to make out a prima facie case against the present petitioner and he had filed the present complaint to wreck vengeance by abusing the process of court in a case where the dispute relates to service condition of an employee in a Priv...
id_137
0
Handbook on Combating Gender Stereotypes 4Our oath as judges mandates that we perform the duties of our office without fear or favour, affection or ill‑will. The oath demands that we discharge our functions with impartiality and objectivity, applying the law to every case before us. A judge’s oath demands rejecting imp...
id_137
1
The clothing or attire of a woman neither indicates that she wishes to engage in sexual relations nor is it an invitation to touch her. Women are capable of verbally communicating with others and their choice of clothing represents a form of self‑expression that is independent of questions of sexual relations. A man wh...
id_137
2
Delay has the effect of putting the Supreme Court of India on its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory or not. However, if the delay is explained to the satisfaction of the Supreme Court of India, the delay cannot itself be a ground for disbelievi...
id_1370
0
Writ Petition (Civil) No. 5284/2022 is a classic case of highhandedness at the hands of Assistant Passport Officer in raising objections for re‑issuance of the passport by a single parent facing a matrimonial discord, directing them to approach the High Court of India and obtain a court order. The aforementioned fact i...
id_1372
0
Sudeep Suhas Kulkarni and Nikita Ashok Choksi Petitioners Abbas Bahadur Dhanani Respondent Mister Gauraj Shah in behalf of Miss Priyanka Sinha and Miss Simran Grover as intervenors for Petitioners. Heard Mister Shah, learned counsel for the petitioners., This petition is filed under the provisions of the Guardians and ...
id_1373
0
Whether reporters of local papers may be allowed to see the judgment? To be referred to the reporter or not? Whether their Lordships wish to see the fair copy of the judgment? Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder? Ver...
id_1373
1
Number 0055 of 2015 registered with Chuda Police Station and all consequential proceedings arising therefrom are hereby quashed and set aside.
id_1376
0
BA-2054-21.doc. Gangam Sudhir Kumar Reddy, Applicant versus State of Maharashtra, Respondent. Mr. Elwish Edward as well as Mr. Omkar Hase, in behalf of Annie Fernandez, Advocates for the Applicant. Mr. A. R. Kapadnis, Assistant Public Prosecutor for the Respondent State. Mr. Nilesh Bhalerao, Police Sub-Inspector, Anti ...
id_1378
0
Date of decision: 27.04.2022. Present: Mr. Arav Gupta, Advocate with Mr. Priya Aggarwal, Advocate for the petitioner. Mr. Gaurav Bansal, Additional Advocate General, Haryana. The instant application has been filed under Section 482 of the Criminal Procedure Code for exemption of filing certified copies of Annexures P-1...
id_1381
0
Section 377 of the Indian Penal Code criminalises carnal intercourse against the order of nature. Historically the State used this provision to strip the dignity and autonomy of individuals who engaged in sexual activity with persons of the same sex. The colonial provision reflected Victorian morality and continued in ...
id_1381
1
The word \man\ in Section 2(b) includes \any person\, and correspondingly the word \woman\ includes \any person\. Reliance was placed on Union of India v. Naveen Jindal (2004) 2 Supreme Court Cases 510. The words \man\ and \woman\ include trans‑men, trans‑women, intersex and non‑binary individuals as the case may be. S...
id_1381
2
The issue in this batch of petitions relates to fitting the constitutional declaration into relevant laws. The Special Marriage Act (SMA) is a species of the general marriage laws. Marriage is conceived to be a union between heterosexuals across all laws on marriage and procreation is an essential aspect of marriage. A...
id_1381
3
The phrases male applicant and female applicant are substituted by the phrases Prospective Adoptive Parent 1 and Prospective Adoptive Parent 2 (in case of applicant couples) in Schedules II, III, VI and VII of the Adoption Regulations; Section 5 of the Hindu Marriage Act does not distinguish between homosexual and hete...
id_1381
4
Some petitioners before the Supreme Court of India are transgender persons and activists. One of them is a public personality, Akkai Padmashali, who hails from a non-English speaking, working‑class background. At a young age she left home and worked as an assistant in a shop selling ceramics but quit because she was un...
id_1381
5
A discussion of the history of marriage in India would be incomplete without reference to child marriage and the legal age of consent. Child marriage was widespread in most religions and communities. The age of consent for girls was fixed at ten years in 1860. In 1890, a thirty‑five‑year‑old man called Hari Mohan Maity...
id_1381
6
The law confers on children who are born of wedlock with benefits in succession. In addition, the law's recognition of the concepts of legitimate and illegitimate children have social repercussions in that illegitimate children are shunned by society. These intangible benefits of marriage indicate that society regards ...
id_1381
7
The law prescribes certain essential conditions for a valid marriage. In both these cases, the Supreme Court of India dealt with situations where State or non-State actors prevented a couple which was otherwise entitled to marry from marrying. In the case of Shafin Jahan (supra), the restriction was sought to be impose...
id_1381
8
If the Supreme Court of India finds that a provision is contrary to Part III of the Constitution, it shall declare that it is void or read it down (by deleting phrases) or read words in (by adding or substituting phrases) to save it from being declared void. If, in the present batch of petitions, the Supreme Court of I...
id_1381
9
Some have argued that the entire spectrum of queer relationships in India may not always be based on choice, with guru‑chela relationships often assigned rather than chosen. Hence, while some queer relationships may accurately be described as the chosen family, all of them are the atypical family. Purayil (n 96) See ge...
id_1381
10
The sex of a person is determined by their reproductive organs and structure, their gender identity depends on their internal experience of gender, and their sexual orientation is defined by the gender of the people that they are attracted to. The present batch of petitions seeks the recognition of the right of persons...
id_1381
11
Section 57 prescribes the eligibility criteria for prospective adoptive parents. (1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to the child. (2) In case of a couple, the consent of both spouses for th...
id_1381
12
The Supreme Court of India examines if the law is discriminatory not based on whether there is a classification based on the identity but whether there is discrimination based on the identity. While doing so it determines if it is a protective provision. However, once it is established that the law discriminates based ...
id_1381
13
There is neither a test nor a standard known to law by which discrimination, or the violation of a fundamental right, must reach a level of intolerability for the Supreme Court of India to exercise its jurisdiction. Regardless of the severity of the violation, it is the duty of the Supreme Court of India to protect the...
id_1381
14
It needs to be revisited and revitalized with the spirit of the constitutional values defined in Chapter 3 of the Constitution and with full regard to the purport and objects of that Chapter. Although no such provision exists in the Indian Constitution, the Supreme Court of India is no stranger to interpreting statutor...
id_1381
15
The Child Marriage Restraint Act of 1929 prescribed the minimum age of marriage for females at 14 years and for males at 18 years. The Child Marriage Restraint Act of 1929 (also known as the Sarda Act) was enacted as a result of prolonged pressure from social reform organisations and concerned people who fought against...
id_1381
16
Supreme Court of India has recognized that marriage is a social institution. As elaborated in Part I, marriage existed and exists historically and chronologically in all senses because people married before the rise of the state as a concept. Therefore marriage as an institution is prior to the state; it precedes it. T...
id_1381
17
That the State should or ought to order such social institutions is different from a direction issued by the Supreme Court of India, which they must carry out; the latter is what we take exception to and place our reservations against., Therefore, even if we were to, for argument’s sake, recognise an entitlement under ...
id_1381
18
Supreme Court of India has also held that there can be occasions when words may be read in a particular manner, if it is sure that the draftsman would have wished it to be so, given the nature of the expressions, and, at the same time, indicated the limits for that principle, while quoting from the treatise Principles ...
id_1381
19
No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship except in the cases of relative or step‑parent adoption. The interpretation placed on Section 57(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 by the learned Chief Justice is that ...
id_1381
20
The form of action whether it will be by enacting a new umbrella legislation, amendments to existing statutes, rules, and regulations that as of now, disentitle a same‑sex partner from benefits accruing to a spouse (or family as defined in the heteronormative sense), etc., are policy decisions left to the realm of the ...
id_1381
21
I find that a right to a civil union or an abiding cohabitational relationship conferring a legally enforceable status cannot be situated within Part III of the Constitution of India. On this count too, I agree with the conclusions of Justice Bhat, and supplement them with my own reasons., I agree with the reasoning an...
id_1382
0
High Court of Himachal Pradesh 2024:HHC:999 2916 of 2023 and Civil Writ Petition Nos. 3083 to 3087, 3107, 3114 to 3117, and 7295 of 2023. Reserved on 20.12.2023., Civil Writ Petition No. 2916/2023 – Petitioner: Malana Power Company Ltd. – Respondents: State of Himachal Pradesh and others. Civil Writ Petition No. 2916/2...
id_1382
1
It is argued that, taking the case of the State at its best, the tax has been imposed under the residuary powers, but such power is not vested with the State and rather is expressly and exclusively vested in the Union of India under entry 97 of List I of the Seventh Schedule. The reliance placed by the State on entry N...
id_1382
2
Hence, there is an urgent need to improve the revenue generation in the State through alternate revenue resources. Flowing water in various rivers and its tributaries in the State can be a useful source of revenue generation. The neighbouring State Uttarakhand and the Union Territory Jammu & Kashmir have already impose...
id_1382
3
Section 2(i) defines water cess as the rate levied or charged for water drawn for generation of hydropower and fixed under this Act. Section 10 deals with the duties, obligations and responsibilities of the registered user: the registered user shall be liable to pay water cess for the water drawn for hydropower generat...
id_1382
4
The Supreme Court of India, in Messrs Govind Saran Ganga Saran versus Commissioner of Sales Tax and others, observed that the components which enter into the concept of a tax are well known., The first component is the character of the imposition known by its nature which prescribes the taxable event attracting the lev...
id_1386
0
PIL No. 2/2022 Date of order: 07.02.2023 In Re: (Suo motu): Illegal mining versus State of Meghalaya of coal in the State of Meghalaya Coram: Honorable Justice Sanjib Banerjee, Chief Justice; Honorable Justice H. S. Thangkhiew, Judge; Honorable Justice W. Diengdoh, Judge. For the Petitioner: For the Respondents: Mr. A....
id_1387
0
W.P.(C) 10596/2022. Through: Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, Mr. Kumar Satish Shah, Ms. Alya Veronica, Advocates. Versus Through: Mr. Wajeeh Shafiq, Senior Counsel with Ms. Ramsha Shan, Advocates for Respondent 1., The petitioner, claiming to be the managing committee of a Mughal mosque situated near Qutub M...
id_1388
0
Through Mr. Dinesh Tiwari, Advocate versus Mr. Manoj Chaudhary, Senior Public Prosecutor for the State. The hearing was conducted through video conferencing., The present petition has been filed by the petitioner under Section 439 of the Criminal Procedure Code for grant of bail in case First Information Report No. 80/...
id_1389
0
Shri V. Ramachandran and Smt. Sreevidhia T. N, the complainant, dated this the 27th day of November 2023., M. S. Sajeev Kumar, son of late Sreedharan M. S., residing at Krishna Vilasam, Vembilly Post, Kumarapuram, Ernakulam District, Pin 683565, represented by Advocate Jyothilekshmi, Tritvam, Door No. 67/2626C, Amulya ...
id_1391
0
This file has been received on the orders dated 13 October 2020, passed by Shri Vishal Pahuja, Learned Additional Chief Metropolitan Magistrate -1, Rouse Avenue District Court, New Delhi. In the said order Learned Trial Court has requested for passing appropriate orders in the matter, submitting that in terms of order ...
id_1393
0
Reportable Writ Petition (Civil) No. 880 of 2017 Association for Democratic Reforms & Another Petitioners versus Union of India & Others Respondents; Writ Petition (Civil) No. 59 of 2018; Writ Petition (Civil) No. 975 of 2022; and Writ Petition (Civil) No. 1132 of 2022. Dr. Dhananjaya Y. Chandrachud, Chief Justice of I...
id_1393
1
The application shall be rejected if the application is not Know Your Customer (KYC) compliant or if the application does not meet the requirements of the scheme. The bond issued is non‑refundable. The information furnished by the buyer is to be treated as confidential by the authorized bank and shall be disclosed only...
id_1393
2
The petitioners submitted that the presumption of constitutionality does not apply since the Scheme deals with the electoral process. The premise of the argument is that the presumption of constitutionality is based on the principle that the elected body must be trusted to make decisions and that principle should not b...
id_1393
3
Justice M B Shah, writing for the majority, noted that the decision of the three‑Judge Bench in Association for Democratic Reforms (ADR) (supra) tracing the right to know the antecedents of candidates contesting elections had attained finality and Section 33‑B was unconstitutional because it had the effect of rendering...
id_1393
4
The total number of seats allotted to each State in Parliament should be such that the ratio between the number of seats and the population of the State is the same for all States. Second, the Constitution of India ensures that socio‑economic inequality does not perpetuate political inequality by mandating reservation ...
id_1393
5
For example, according to the Annual Report of the Prudent Electoral Trust for the financial year 2021-22, the Trust received contributions of a total of Rupees 4,64,83,00,116 from seventy contributors including individuals and companies. The contributions were unequally distributed to the Aam Aadmi Party, All India Co...
id_1393
6
At the necessity stage, the Supreme Court of India would determine if non-disclosure is the least restrictive means to give effect to the right to privacy. At the balancing stage, the Supreme Court of India would determine if non-disclosure has a disproportionate effect on the right holder. In this analysis, the necess...
id_1393
7
In E P Royappa v. State of Tamil Nadu, 182 Supreme Court of India expanded the ambit of Article 14 by laying down non-arbitrariness as a limiting principle in the context of executive actions. Justice P N Bhagwati (as the learned Chief Justice then was), speaking for the Bench, observed that equality is a dynamic conce...
id_1393
8
The doctrine of manifest arbitrariness can be used to strike down a provision where the legislature fails to make a classification by recognizing the degrees of harm and the purpose is not in consonance with constitutional values. Election Commission of India, Letter dated 26 May 2017, No. 56/PPEMS/Transparency/2017., ...
id_1393
9
Notwithstanding anything contained in sub‑section (1), the contribution under this section shall not be made except by an account payee cheque drawn on a bank or an account payee bank draft or use of electronic clearing system through a bank account: Provided that a company may make contribution through any instrument,...
id_1393
10
Because the topics of these deliberations are issues of common concern, epistemically well‑grounded preferences, opinions, and decisions must be informed by, and take into consideration, the preferences and opinions of fellow citizens, Jane Mansbridge and others, A Systemic Approach to Deliberative Democracy in John Pa...
id_1393
11
issued guidelines dated 06.06.2014 whereby the trusts were required to specify and give full particulars to the Election Commission of India of the depositors with the trust and amounts which were subsequently transferred as a contribution to the political party. The guidelines were issued by the Election Commission of...
id_1393
12
This jurisprudential clash is visible in the various forms and structures of adoptions of proportionality. Generally, two models can be differentiated from works of jurists. Model I firstly, the traditional two stages of the means‑end comparison is applied. After having ascertained the legitimate purpose of the law, th...
id_1394
0
Revisionist: Committee of Management, Anjuman Intezamia Masajid, Varanasi. Opposite Party: Smt. Rakhi Singh and others. Counsel for Revisionist: Syed Ahmed Faizan, Senior Advocate, and Zaheer Asghar. Counsel for Opposite Party: Prabhash Pandey, Arya Suman Pandey, Saurabh Tiwari, Vishnu Shankar Jain, Vineet Sankalp. Thi...
id_1394
1
It is pointed out that the dealing in the land and its disposition by the Government of Uttar Pradesh as well as the Board of Trustees of Sri Kashi Vishwanath Temple show that both of them consider the suit property as waqf property. For that reason the land was taken on a licence by the Government from the Waqf Board ...
id_1394
2
Ramesh Gobindram (Deceased) Through Legal Representatives v. Sugra Humayun Mirza Wakf. The submission is that in view of the law laid down in the context of what a 'person interested' under the statutes relating to waqf would mean, it is evident that it has no application to non‑Muslims., Towards the tail end of his su...
id_1394
3
The other right that the plaintiffs claim to exercise in the present is to perform pooja of Goddess Maa Sringar Gauri, Lord Ganesha, Lord Hanuman, Nandiji and other visible and invisible deities by entering the suit property. This right, which was exercised daily by Hindus before 1993, was later restricted to a single ...
id_1394
4
There is, therefore, without doubt the basis to say for any devotee, including the plaintiffs, that denial of the right to worship the Deities is a continuing wrong that accrues every day. Any person among the Hindu devotees who is denied the right on any day would be within his right to commence action on the day he o...
id_1395
0
Reportable Writ Petition (Civil) No 302 of 2023 State of Punjab Petitioner Versus Principal Secretary to the Governor Respondents of Punjab and Another Doctor Dhananjaya Y Chandrachud, Chief Justice of India, On 22 February 2023, the Council of Ministers of the Government of Punjab recommended the summoning of the Budg...
id_1396
0
Petitioner: Rama Kant Dixit. Respondent: Union of India through Cabinet Secretary, South Block, New Delhi and others. Counsel for petitioner: Asok Pande. Honorable Justice Devendra Kumar Upadhyaya, J. Honorable Justice Subhash Vidyarthi, J. This petition invokes jurisdiction under Article 226 of the Constitution of Ind...
id_1398
0
Applicant: Om Prakash. Opposite Party: State of Uttar Pradesh and Another. Counsel for Applicant: Raghav Ram, Vibha Diwedi. Counsel for Opposite Party: G.A. The applicant seeks quashing of proceedings of Sessions Case No. 575 of 2020, State v. Om Prakash (arising out of Case Crime No. 339 of 2020), under Sections 376(1...
id_14
0
The writ petition and the Criminal Miscellaneous Case (Crl.M.C.) No. 4375/2020 came up together for hearing as the issue involved in both cases pertains to the registration of a First Information Report by the Central Bureau of Investigation (CBI) with respect to the same matter and none of the counsel objected to the ...
id_14
1
Accordingly, it is agreed to form a Memorandum of Understanding which would provide a general framework governing the relationship of the two parties through the exchange of skills and cooperation in projects and other types of mutual cooperation., Both parties' partnership depends on the principle of a project after a...
id_1400
0
Writ Petition(s) (Civil) No. 1416 of 2020 (Interim Application No. 87814 of 2021 – Application for Stay) (Interim Application No. 99128 of 2021 – Application for Stay) (Interim Application No. 100487 of 2021 – Application for appropriate Orders/Directions) (Interim Application No. 89221 of 2021 – Application for Stay)....
id_1403
0
Criminal Appeal (A)(D) No. 12/2020, Criminal Miscellaneous No. 771/2020 in Criminal Reference (L) No. 3/2020. Raghubir Singh, Appellant/Petitioner, through Mr. Anil Gupta, Advocate, versus Union Territory of Jammu and Kashmir, Respondent, through Mr. Aseem Sawhney, Additional Advocate General., This is an application s...
id_1406
0
A.K. Jayasankaran Nambiar, Judge. The facts in brief: This appeal is preferred by the fifth respondent in Writ Petition (Civil) No. 26918 of 2022, aggrieved by the judgment dated 17 November 2022 of the learned Single Judge in the writ petition. The writ petitioner Doctor Joseph Skariah is an Assistant Professor in the...
id_1406
1
Similarly, even those regular faculty members, up to 20% of the total faculty strength, who have availed study leave to pursue the Ph.D. programme under the Faculty Development Programme, will get the benefit of including the period spent on pursuing a research degree in the teaching/research experience stipulated for ...
id_1407
0
Anubha Srivastava Sahai, age 44 years, occupation: Lawyer, Indian inhabitant, residing at Arlington Roads Enclave, Hiranandani Estate, Thane-400607, Taluka: Panvel, District: Raigad, Petitioner. National Testing Agency, through Chairperson, C-20 1A/8, Sector 62, IITK Outreach Center, Noida-201309, Respondent. Union of ...
id_1408
0
Supreme Court Civil Writ Petition No. 2839/2022 Master Arjun Choudhary, aged about 16 years, through his father Mr. Bhanwar Lal, son of Shri Rugharam, aged about 44 years, resident of House No. 165, Khasra No. 108/1, Inderprasth Nagar, Nandri, Jodhpur, Rajasthan, PIN 342015. Petitioner versus Chairman, Army Public Scho...
id_1409
0
Appellant: State of Uttar Pradesh. Respondent: Ajai Mishra alias Taini and three others. Counsel for Appellant: A. H. Rizvi, Avanindra Singh Parihar, Government Advocate, Nagendra Mohan, Sushil Kumar Singh. Counsel for Respondent: S. K. Shukla, Armendra Pratap Singh, Brij Mohan Sahai, Pradeep Chaurasia, Purnendu Chakra...
id_1409
1
He further deposed that before he met the deceased, he had seen the accused walking near the State Bank. As soon as Prabhat came on the road, the accused persons started abusing him and they all exhorted to kill the deceased. According to him all the accused were carrying firearms. The deposition, which at the first in...
id_1409
2
Further, from the testimony of Party Witness 5 and Party Witness 6, the presence of Party Witness 2 at the place of occurrence also becomes highly improbable as it has come in evidence that Party Witness 2 is a politician based in Lakhimpur and he did not have any business to be done at the place of occurrence on the f...
id_1410
0
Criminal Case No. 07/2019 CNR No. DLCT12000332019 Surender Kumar Sharma versus Arvind Kejriwal and others. ID No. 07/2019 CNR No. DLCT12000332019. Date of commission of offence: 14 October 2013. Date of institution of the case: 26 October 2013. Name of the complainant: Shri Surender Kumar Sharma, son of Late Shri Naren...
id_1410
1
Further, he testified that thereafter on 14 October 2013, he got information from his neighbours that the ticket of the Complainant for MLA from Shahdara Constituency had been revoked due to some allegations regarding pendency of criminal cases and also for using unfair means and violence during the course of conductin...
id_1410
2
Even though CW-12 Aswathi Muralidharan has admitted that the email dated 13 October 2013 bears her e‑mail address, she could not affirm whether the press release was sent by her. Learned Senior Counsel also pointed out that Aswathi Muralidharan specifically testified that she was not the Media Manager of the Aam Aadmi ...
id_1410
3
Nobody has a right to denigrate another's right to person or reputation. The Subramanian Swamy judgment (supra) dwelt on the ingredients which constitute the offence of defamation and held that it is imperative to analyse in detail what constitutes the offence of defamation as provided under Section 499 of the Indian P...
id_1410
4
In terms of sub‑section (1) to Section 65B, original evidence need not be produced when conditions of Section 65B are satisfied. The computer output in relation to the information and computer in question is admissible as secondary evidence when a certificate under Section 65B is produced. However, Section 65B nowhere ...
id_1411
0
In the High Court of Delhi at New Delhi, Criminal Revision Application No. 82 of 2021, Natasha Narwal, Appellant, through Mr. Adit S. Pujari, Ms. Tusharika Matt oo and Mr. Kunal Negi, Advocates, versus State of Delhi, NCT, Respondent, through Mr. Amit Prasad, Mr. Amit Mahajan and Mr. Rajat Nair, Special Public Prosecut...
id_1412
0
WP(MD) No.195 94 of 2020 (Special Original Jurisdiction) Monday, the Twenty First day of December Two Thousand and Twenty, petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the Madras High Court, Madurai Bench may be pleased to issue a writ of mandamus, directing the r...
id_1413
0
Reportable Civil Appeal Numbers 23-24 of 2024 Special Leave to Appeal (C) Numbers 8575-8576 of 2023. The State of Uttar Pradesh and others Appellants versus Association of Retired Supreme Court and High Court Judges at Allahabad and others Respondents. Dr Dhananjaya Y Chandrachud, Chief Justice of India., The present a...
id_1413
1
It involves scandalising or lowering the authority of any court; prejudicing or interfering with judicial proceedings; or interfering with or obstructing the administration of justice., In the second Impugned Order, the High Court of Uttar Pradesh held that the actions of the officials of the Government of Uttar Prades...
id_1414
0
Through: Mr. Pramod Kumar Dubey, Senior Advocate with Mr. Abhik Chimni, Ms. Pallavi Garg, Mr. Anant Khajuria, Mr. Saharsh, Mr. Satyam Sharma, Ms. Aditi, Mr. Akshat Sharma and Ms. Riya Pahuja, Advocates Versus Through: Ms. Meenakshi Dahiya, Assistant Public Prosecutor for the State with Sub‑Inspector Reena, Police Stati...
id_1416
0
Versus Appearance: Mr. Param R. Buch (advocate) for the Respondent No. 2. Date: 11 October 2023. The present petition is filed with a prayer to quash and set aside the impugned First Information Report numbered I‑31 of 2017, registered with DCB Police Station, Ahmedabad, on 3 April 2017 for offences punishable under Se...
id_1416
1
Be it stated, that availing of money from a nationalized bank in the manner alleged by the investigating agency vividly exposits fiscal impurity and financial fraud. The modus operandi narrated in the charge sheet cannot be put in the compartment of an individual or personal wrong. It is a social wrong and has immense ...
id_1417
0
23831 OF 2020 AND 14718 OF 2021 The appellants before us are firms who are aggrieved by an order of a Registrar (J‑IV) of the Supreme Court of India passed on 31.10.2022 declining registration of a set of petitions labelled as curative petitions. This was a common order passed in six similar petitions, including the on...
id_1417
1
Thereafter, the course prescribed in sub‑clauses (2), (3) and (4) of Rule 4 of Order XLVIII of the 2013 Rules shall be followed as may be applicable., So far the present appeal is concerned, this course was not followed when the order was passed declining registration of the curative petition. This order, in our opinio...
id_1418
0
Neutral Citation Number: 2022/DHC/004359 Date of decision: 17 October 2022. Through: Mr. Anoop Chaudhari and Ms. June Chaudhari, Senior Advocates, with Mr. Samarth Chowdhary, Advocate, versus Through: Mr. Vivekanand Mishra and Mr. Aayushmaan Vatsyayana, Advocates for Respondent No.1. Mr. Jayant Mehta, Senior Advocate, ...
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It is the fundamental rights which along with the directive principles constitute the life force of the Constitution and they must be quickened into effective action by meaningful and purposive interpretation. If a corporation is found to be a mere agency or surrogate of the Government, in fact owned by the Government,...
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The submission of the Appellant that the Central Government exercises pervasive financial control over the Gem and Jewellery Export Promotion Council to the extent that it provides funds to the Gem and Jewellery Export Promotion Council and it also oversees the investment decisions of the Gem and Jewellery Export Promo...