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The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.
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The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.
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The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.
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The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.
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The Court stated that it is a settled law that after an employee’s retirement, the master and servant relationship ceases to operate. If any action is required to be taken after the retirement of an ex-employee, then same can always be taken when there is an express authority of law and provision of law.
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The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.
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The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.
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The Court directed the Registrar General of this Court to send a copy of this Order to the Principal District Judge, Jamshedpur with a direction to impress upon the Judicial Magistrate concerned, not to pass orders in such reckless manner, without application of mind and unnecessarily enhance the burden upon this Court.
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The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.
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The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.
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This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on execution of mortgage decree.
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The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.
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The Court stated that when the case under Section 138 of the Negotiable Instruments Act, 1881 was already filed by the petitioners, Respondent 2 had all the opportunity to defend in that pending complaint case, and without doing so, present complaint case was filed implicating the petitioners.
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A show cause notice was issued to the appellant, to recover Central Excise Duty payable on the impugned product, during the period of April 2011 to August 2012, on the grounds that the appellant had misclassified the product as fruit pulp or fruit drink, instead of lemonade.
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The Court stated that the petitioner is needed to be treated as a class apart, for which provisions are made for the admissions in the academic courses and in the Government Departments for public appointments by keeping seats reserved under Sports Category.
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The Court stated that the appellants were entitled to the compensation on the count of ‘loss of consortium’, ‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’.
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The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.
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The Tribunal noted that Rule 4A (1)(i) of Service Tax Rules, 1994 requires disclosure of service tax payable on the value of service provided, thus, it cannot include exempted services. Moreover, a proviso inserted to the Rule by an amendment cannot enlarge the scope of the provision, at best it is only clarificatory.
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The Speaker is an officer of the State Legislative Assembly, who presides and represents the House for all intents and purposes. Allegations of mala fide and arbitrary action, made against him cannot be accepted considering the high status of the office in a parliamentary system of democracy.
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The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.
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