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RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.
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“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”
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“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”
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“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”
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As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.
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The plaintiff averred that given the widespread sale, promotional and advertising activities undertaken by the plaintiff, the registered trade marks has become the single source identifier of the plaintiff and its goods and services.
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The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.
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While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.
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“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”
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Failure to abide by Section 275(4) Criminal Procedure Code, 1973 alone would be sufficient to suffocate the case of the prosecution, since the same is not an inconsequential irregularity, rather it impacts the entire prosecution.
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The complainant is asserted to be an extremely influential person, who runs a number of famous Night Clubs in Delhi and has close proximity with high-ranking police officials and deep-rooted connections with gangsters Lawrence Bishnoi and Goldy Brar.
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The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.
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While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.
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The development of standards in the field of telecommunication which enables usage of mobile phones across countries may be rendered ineffective if such configuration is held to the detriment of the OEM or the traders/exporters.
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The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.
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“Revenue Officers, including the Tehsildar, do not have judicial authority to resolve disputes related to wills or non-testamentary documents. These matters must be decided by the Civil Court.”
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“Discretion is reserved with the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service.”
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The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.
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The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.
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The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.
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