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Case: Writ Petition No. 11383 of 2023, Petitioner: Syed Hamidul Bari, Respondent: State of Uttar Pradesh through Additional Chief/Principal Secretary, Housing and Urban Planning Department, Lucknow, and four others. Counsel for Petitioner: Kazim Ibrahim, Amrit Khare. Counsel for Respondent: Chief Standing Counsel, Ratn...
id_1000
0
Versus Appearance: and Date : 22/09/2023, The present case is an eye opener. The convict Chandanji Gato Chhanaji Thakor has filed the present application seeking regular bail through jail. Such application was filed by him on 05.08.2023, which is forwarded to the Registry of this Court vide communication dated 11.08.20...
id_1001
0
Non-Reportable Criminal Appeal No. of 2024 (Special Leave Petition (Criminal) No. 10499 of 2023) State of Jharkhand (Appellant) versus Sandeep Kumar (Respondent). Leave granted. By order dated 06 July 2022 passed in Application for Bail No. 3483 of 2022, the High Court of Jharkhand at Ranchi granted pre‑arrest bail to ...
id_1002
0
Appellant: Umesh Sharma, son of Late Omprakash Sharma, aged about 37 years, residing at Respondent. For the appellant: Shri Barun Kumar Chakrabarty, Advocate. The matter was heard before Honourable Justice Goutam Bhaduri and Honourable Justice Sanjay S. Agrawal of the High Court., The present appeal is against the judg...
id_1003
0
This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (the Code for short) praying to quash the First Information Report registered as Case Report Number I-110 of 2016 with GIDC Vatva Police Station, Ahmedabad city for the offences punishable under Section 498A, Section 323 and Section 114...
id_1004
0
Bail matter No. 12228/2021 Gaurav Khanna v. State FIR No. 116/2021 PS Lodhi Colony (Crime Branch) under Section 3 of Epidemic Diseases Act, 1897, Section 3/7 of Essential Commodities Act, 1955, Sections 188/420/120B IPC. Video conference hearing conducted today via Cisco Webex. Bail application of the accused Gaurav Kh...
id_1004
1
SO 648(E) dated 11.02.2020 of Ministry of Health and Family Welfare, all medical devices have been notified as drugs within the meaning of Section 3(b)(iv) of the Drugs and Cosmetics Act and hence the same shall automatically fall within the purview of the Essential Commodities Act. Section 3 of the Essential Commoditi...
id_1005
0
Date of Decision: 31 January 2024. Through: Mister Rajeshekhar Rao, Senior Advocate with Mister Aditya Verma, Miss Tanya Varma, Miss Devyani Nath and Mister Prithvi Gulati, Advocates, versus Through: Mister Jayant Mehta, Senior Advocate with Mister Gaurav Miglani, Mister Tarun Gandhi, Mister Sharabh Srivastava, Miss Na...
id_1006
0
S. Manikumar, Chief Justice, challenges the act of a speech allegedly defying the Constitution of India by respondent No.4, an MLA representing Chengannur Constituency, Alappuzha district, and a Minister then, in a political meeting. Writ Petition (Civil) No. 24222 of 2022 is filed seeking issuance of a writ of quo war...
id_1006
1
Therefore, we are of the view that, if at all the allegations have any intrinsic relationship with the disqualifications deliberated above, there is a straightforward remedy specified under the Constitution of India., It is not for the High Court to go to the contentions, decipher the truth of it, and grant the reliefs...
id_1007
0
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3080/2020 Petitioner Through: Court on its own motion versus Government of NCT of Delhi & Others Respondents Through: Mr. Kanwal Jeet Arora, Member Secretary, Delhi State Legal Services Authority; Mr. Sandeep Goel, Director General (Prisons); Mr. Rahul Mehra, Standing Cou...
id_1008
0
Rambhau, son of Awadut Gawai, age 42 years, occupation labour; Rajkumar, son of Rambhau Gawai, age 20 years, occupation education; Rajesh, son of Rambhau Gawai, age 18 years, occupation education; all residing at Tembursonda, Taluka Chikhaldara. Shivlal, son of Shalikram Belsare (deceased), legal heirs of Respondent No...
id_1008
1
It is made clear that Respondent Insurance Company is at liberty to recover the amount from the legal heirs of the owner of the vehicle on the ground of breach of condition of insurance policy, if so advised., The amount of compensation shall be paid to the appellants on payment of court fee on the amount granted in ex...
id_1009
0
Leave granted. Heard the learned senior counsel appearing for the appellant and the learned Additional Solicitor General appearing for the first respondent Directorate of Enforcement. The present appellant has been arrested on 10th March 2023 in connection with the offence punishable under Section 3 of the Prevention o...
id_101
0
R.T. No.2 of 2022 & Criminal Appeal Nos. 427 and 392 of 2023. State Representative by the Inspector of Police, W21, All Women Police Station, Guindy, Chennai 600032 (Crime No.3 of 2020) – Petitioner/complainant versus the father of the victim child (Accused No.1) and the mother of the victim child (Accused No.2). The i...
id_101
1
The learned senior counsel further submitted that the evidence of the victim even if accepted to be true would at best suggest that A2 had silently suffered the abuses committed by A1 on the victim child, but was not guilty of any acts which would bring them within the definition of abetment. The learned senior counsel...
id_101
2
However, she is convicted for the offence under Section 21(l) of the Protection of Children from Sexual Offences Act and, as regards the sentence of imprisonment for the said offence, we confirm the sentence of six months imposed by the trial court. As regards the sentence for the offence under Section 75 of the Juveni...
id_1012
0
O.P. (Kat). No.267 of 2021 dated 29 September 2023. Shri Durga Das applied for appointment as a police constable in the India Reserve Battalion Commando Wing. He succeeded in all qualifying tests except for establishing his antecedent character. The Kerala Administrative Tribunal appointed him as a constable, but the S...
id_1012
1
Thus, the provisions of the Kerala Police Act do not bar Durga Das from claiming selection and permanent appointment in the light of his acquittal. However, that does not mean that on such acquittal the candidate will have a free walk to the post. The question then falls on whether the character and antecedent requirem...
id_1013
0
Leave was granted. The challenge in these appeals is to the orders dated 20 July 2023 and 26 July 2023 passed by a Division Bench of the Punjab and Haryana High Court dismissing Criminal Writ Petition No. 14536 of 2023 filed by Pankaj Bansal and Criminal Writ Petition No. 14539 of 2023 filed by his father, Basant Bansa...
id_1013
1
While they were there, Pankaj Bansal was served with summons at 04:52 pm, requiring him to appear before another Investigating Officer at 05:00 pm in relation to the second Enforcement Case Information Report. As already noted, there is ambiguity as to when Basant Bansal was served with such summons. It is the case of ...
id_1015
0
Dr. Anand Teltumbde, Senior Professor and Chair of Big Data Analytics at Goa Institute of Management, aged 72 years, residing at Goa Institute of Management, Sanquelim, Goa 403505, is presently detained at Taloja Central Prison. He is the appellant. The respondents are the National Investigation Agency, through its Sup...
id_1015
1
National Investigation Agency and Anand Teltumbde Vs. State of Maharashtra submitted that the role of the Appellant in the present crime has to be considered on a higher footing as he is the think tank and a senior and active member of the Communist Party of India (Marxist) than the role played by Hany Babu (Accused No...
id_1015
2
NIA has referred to three statements of witnesses recorded in support of its case. The statement dated 23 December 2018 is at page 56 of its compilation. This statement is given by Kumar Sai, Ashok, Ram Mohammed Singh Toppu, Pahadsingh, resident of District Raj Nandgaon, Chhattisgarh. He has worked in the Communist Par...
id_1017
0
CBI Case No. 251/2019 (Old CC Nos. 15/17). RC No. 219-2015-(E)-0008. Branch: Central Bureau of Investigation, Enforcement Officer I Branch, New Delhi. In the matter of: Through: Shri R.S. Cheema, Senior Advocate/Special Public Prosecutor (through Vice‑Chairman) with Shri A.P. Singh, Shri Sanjay Kumar, Deputy Legal Advi...
id_1017
1
The documents Ex. P‑1 (Colly)/P‑25/PW‑1 (Colly), D‑5, Page 110 @ 116, PDF 446 show that there is no mention of AES Corporation, USA or AES OPGC Holdings or AES India Holdings (Mauritius) or AES India Pvt. Limited as the holding company of AES Chhattisgarh Energy Pvt. Ltd. The Articles of Association of AES Chhattisgarh...
id_1017
2
In the Minutes of Meeting of AES Chhattisgarh Energy Private Ltd held on 22.09.2007, it was resolved that Sanjeev Aggarwal and Soumendra Chandra Rout were authorised to digitally sign the Form 23 AC or any other relevant form for the financial year 2007 to be filed with the Registrar of Companies, National Capital Terr...
id_1017
3
In this regard, it has already been stated in our previous representations before your good self, that ACE was incorporated under the guidance of AES Corporation and the process of formation had started in 2005, i.e., much prior to date of coal block application of Jan 10, 2007. The same is evident from the fact that o...
id_1017
4
Sanjeev Kumar Aggarwal and Soumendra Chandra Rout were the beneficial owners of the shares of AES Chhattisgarh Energy Private Ltd because they signed the subscription clause of the Memorandum and Articles of Association in their individual capacity, without any reference to AES Corporation, USA or AES India Private Ltd...
id_1017
5
Queries were being raised to Sanjeev Aggarwal on behalf of AES Corporation, United States, to explain how chances of getting a coal mine allocation is being increased, Exhibit D-10/DW-1. In case allocation of coal mine was concerning AES Chhattisgarh Energy Private Ltd, only without anything to do with AES Corporation,...
id_1017
6
They have shown that they were nominated as directors of AES Chhattisgarh Energy Private Ltd as they were authorised by AES India Private Ltd to incorporate the company in question and they were also directed that Sanjeev Kumar Aggarwal and Soumendra Chandra Rout shall own all the shareholding of the said company till ...
id_1018
0
Through: Mr. Maninder Singh, Senior Advocate with Mr. Dinhar Takiar, Ms. Simran Chaudhary and Mr. Harsh Vashisht and Ms. Isha Khanna, Advocates. Versus Through: Mr. Mukesh Kumar, Additional Public Prosecutor for the State with Inspector Virendra Pakhare. The petitioner files the present petition under Section 482 of th...
id_1020
0
Dated this the 24th day of November, 2023. The petitioners seek directions to exclude their property from the category of Park and Open space as stipulated in the Structural Plan/Master Plan for Kottayam. They also seek a direction to accept their applications for building permits and to grant permissions to construct ...
id_1021
0
This petition comes on for orders this day. The petitioners have filed the present petition seeking compensation for the demolition of their houses illegally by respondent Numbers 1 and 2., Petitioner Number 1 purchased the house bearing Number 467, Economically Weaker Section (EWS) situated at Sandapani Nagar, Ujjain,...
id_1022
0
Baba Gangnath Marg, Munirka, New Delhi. File No.: [missing]. In the matter of Saurav Das, Complainant. Central Public Information Officer, National e-Governance Division, Ministry of Electronics and Information Technology, Department of Electronics and Information Technology, Electronics Niketan, 6, CGO Complex, Lodhi ...
id_1025
0
Junned Ahmed Mujib Khan, Age 44 years, Occupation Service as Teacher, Resident of Alamgir Colony, Parbhani, Taluka and District Parbhani, Petitioner. Versus The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai; The Police Inspector, Chawani Police Station, Aurangabad, District Aurangabad...
id_1026
0
Criminal Appeal No. 1597 of 2022 (In Jail) was filed by the appellant Alam alias Mohammad Alam. The counsel for the appellant was Shri Amarjeet Singh Rakhra, Advocate. The counsel for the respondents was Shri Umesh Chandra Verma, Additional Government Advocate., The appeal is filed under Section 21 of the National Inve...
id_1026
1
The appellant shall furnish a personal bond in the sum of Rupees 50,000 (Rupees Fifty Thousand only) with two local sureties of the like amount, to the satisfaction of the learned District Court. The appellant shall furnish to the investigating officer/Station House Officer a cellphone number on which the appellant may...
id_1027
0
Maya Sanjay Khandare, aged 38 years, occupation Household, resident Chikhli gate, Murtizapur, District Akola; Rupesh Shrikrushna Kale, aged about 28 years, occupation Labourer, resident Chikhli gate, Murtizapur, Taluka Murtizapur, District Akola – versus State of Maharashtra, through Police Station Officer, Murtizapur,...
id_1027
1
In State of Punjab Vs. Davinder Pal Singh Bhullar and ors. (2011) 14 Supreme Court Cases 770 it was held that the expressions abuse of the process of law and ends of justice are aspects that have to be dealt with in accordance with law which includes procedural law and not otherwise. In Surya Baksh Singh Vs. State of U...
id_1027
2
In the case Amar Singh v. Balwinder and others, the Supreme Court of India referred to the scope of powers of the appellate Court especially under Section 386 of the Code of Criminal Procedure. It held that it was mandatory for the appellate Court to peruse the record, which necessarily includes the statements of witne...
id_1027
3
In fact, this is the question that was referred to the larger Bench in Gian Singh and not the merits of the decision in Nikhil Merchant. The decision in Gian Singh holding the decision rendered in Nikhil Merchant and other cases to be correct is only an approval of the principle of law enunciated in the said decisions ...
id_1028
0
This judgment will dispose of common questions of law, which arise in various proceedings preferred under Article 32 of the Constitution of India, as well as transferred cases under Article 139A; those causes were transferred to the file of the Supreme Court of India, from various High Courts, as they involved interpre...
id_1028
1
Since the debt of the personal guarantor is the same as the debt of the corporate debtor, all pending proceedings, including the corporate insolvency resolution plan initiated against a corporate debtor would be stayed on admission of an application for initiation of the resolution plan against a personal guarantor. Th...
id_1028
2
This right of double dip of a creditor was spoken of in the recent judgment of the Supreme Court of India, Pegasus Aviation Finance Company Limited v. Kingfisher Airlines Limited, where the decree holders initiated simultaneous execution proceedings against both the principal debtor and the guarantor on the basis of th...
id_1028
3
The next case cited was Jatindra Nath Gupta where the validity of Section 1(3) of the Bihar Maintenance of Public Order Act, 1948 was challenged on the ground that it empowered the Provincial Government to extend the life of the Act for one year with such modification as it could deem fit. The Federal Court of India he...
id_1028
4
In a conditional legislation the delegatee has to apply the law to an area or to determine the time and manner of carrying it into effect, or at such time as it decides, or to understand the rule of legislation; it would be a conditional legislation. The legislature in such a case makes the law, which is complete in al...
id_1028
5
In Narottamdas Jethabhai (supra), the Supreme Court of India upheld the extension of pecuniary jurisdiction of city civil courts beyond the statutorily prescribed limit because there was a provision enabling it, and the executive confined the exercise of its power to extend the jurisdiction within the limits enacted. H...
id_1028
6
The fact that the Company in liquidation that is the principal debtor has gone into liquidation also would not have any effect on the liability of the Bank that is the guarantor. Under Section 128 of the Indian Contract Act, the liability of the surety is coextensive with that of the principal debtor unless it is other...
id_103
0
V. Ramasubramanian, J. Challenging a summoning order issued by the Special Judge, Anti-Corruption, Central Bureau of Investigation Court No.1, Ghaziabad, on a complaint lodged by the respondent under Section 45 read with Section 44 of the Prevention of Money Laundering Act, 2002, the petitioner has filed the above writ...
id_103
1
In other words, a person may acquire proceeds of crime in one place, keep the same in his possession in another place, conceal the same in a third place, and use the same in a fourth place. The area in which each one of these places is located will be the area in which the offence of money laundering has been committed...
id_1030
0
Date of decision: 13.06.2022. Gulam Deen and another Petitioners versus State of Punjab and others Respondents. Present: Mister Sanjeev Kumar, Advocate, for the petitioners. This is a criminal writ petition under Article 226 and Article 227 of the Constitution of India for issuing a writ in the nature of mandamus direc...
id_1031
0
Date of decision: 24th January 2022. Through Mr. Kumar Piyush Pushkar, Advocate versus Through Mr. Chirag Khurana, Advocate for Mr. Ashish Aggarwal, Additional Solicitor General for the State. Mr. Madhusudan Bhayana, Advocate for the Complainant/Respondent No.2., This petition has been filed under Article 226 and Artic...
id_1033
0
Reportable Criminal Appeal No. 1278 of 2021 Hariram Bhambhi (Appellant) versus Satyanarayan and another (Respondents). Justice Dhananjaya Y Chandrachud. Leave granted., On 9 June 2018 the appellant lodged a report at Police Station Kishangarh, District Ajmer, on the basis of which First Information Report No. 116/2018 ...
id_1033
1
The High Court held that it was just and expedient to release the first respondent on bail keeping in view the facts and circumstances of the case. Such orders cannot pass muster. The duty to record reasons cannot be obviated by recording submissions, followed by an omnibus in the facts and circumstances formula. Brief...
id_1034
0
There is a delay of 216 days in filing this Special Leave Petition (Criminal) against the judgment and order dated 5 October 2017 passed by the High Court of Gujarat at Ahmedabad in Criminal Revision Application No. 205/2014. Although the explanation offered for condonation of delay is vague and bereft of material fact...
id_1034
1
In a number of cases bail had been granted by the High Court/Sessions Court principally on the ground that the trials had been stayed. Wherever considered necessary, SIT can request the Public Prosecutor to seek cancellation of the bails already granted., For ensuring a sense of confidence in the mind of the victims an...
id_1034
2
The above decisions make it clear that though the Supreme Court of India is competent to entrust the investigation to any independent agency, once the investigating agency completes its function of investigating into the offences, it is the court in which the charge‑sheet is filed which is to deal with all matters rela...
id_1034
3
It is further urged that in the interests of justice, as the detailed protest petition alongwith exhaustive documentary evidence was presented, the Magistrate ought to have taken it as a complaint and directed further investigation in respect of issues raised therein. In the protest petition, the complainant has dealt ...
id_1034
4
At the same time, relying on the decision of the Full Bench of the High Court of Judicature at Madras in Abdul Sathar vs. The Principal Secretary to Government, it is urged that the State Government is expected to act upon the recommendations made by the National Human Rights Commission unless, for non‑acceptance, it p...
id_1034
5
Only after such thorough analysis, the Special Investigation Team (SIT) had opined that no offence has been made out nor the stated offender can be said to be involved in the commission of offence of larger conspiracy. The complaint highlights the pattern of continual concerted lackadaisical approach of high officials ...
id_1034
6
New accused persons proposed in the Protest Petition covering almost all the administration of Government of Gujarat at the time of riots and their successors. The Motor Cavalcade carrying 54 dead bodies covered distance of 153 kms from Godhra to Sola Civil Hospital in six hours. It can be inferred that the cavalcade w...
id_1034
7
At the end of the investigation done by the Special Investigation Team, it has been noticed that the allegation regarding larger conspiracy mentioned in the complaint dated 8.6.2006 was based on material which was either found to be fabricated or unuseful, leaving aside any ray of suspicion to proceed against the named...
id_1034
8
The Supreme Court of India was throughout conscious of the fact that the four crimes registered pertaining to the Gulberg Society, including the gruesome killing of the husband of the appellant and others, were already being investigated by the Special Investigation Team (SIT) and proceeded for trial consequent to fili...
id_1034
9
Secretary (Law and Order) Mr. R. B. Sreekumar, the then Additional Director General of Police, after analysing the records, opined that all the officials present at the meeting had said in one voice that Mr. Sanjiv Bhatt, the then Deputy Commissioner of Intelligence (Security), was not present. The Special Investigatio...
id_1034
10
It was for the first time after a period of seven years and nine months that Shri Sanjiv Bhatt claimed to have attended the crucial meeting convened by the Chief Minister on 27.02.2002. Shri Sanjiv Bhatt has explained that the then Director General of Police Shri K. Chakravarthi had instructed him to attend the meeting...
id_1034
11
Suffice it to observe that the breakdown of law-and-order situation in the State, including attributable to the alleged inaction of the State duty holders, owing to spontaneous mass violence cannot be a safe measure to infer as being a part of the criminal conspiracy at the highest level of political dispensation unles...
id_1034
12
By that time, a crowd had assembled at Godhra Railway Station and the immediate problem was to take care of the transit passengers who had been stranded there because of the fire and stone‑pelting incident. The injured passengers were given medical aid by the Civil Hospital, Godhra, whereas those who had received sever...
id_1034
13
He has denied knowledge about the visit of Late Ashok Bhatt, the then Health Minister to the Police Control Room either on 28‑02‑2002 or 01‑03‑2002. Shri V.R. Patel, the then Police Sub‑Inspector, has also denied the visit of Late Ashok Bhatt to the Ahmedabad City Police Control Room on those dates. Shri Parbatsinh A. ...
id_1034
14
Shri Rahul Sharma has stated that he submitted copies of the same CDs containing the zipped data to the Nanavati‑Shah Commission of Inquiry (two copies) on 30‑10‑2004, at the time of his deposition/cross‑examination, and to the Banerjee Committee (one copy) on 22‑11‑2004 at the time of his examination. The original CD ...
id_1034
15
Shri Sreekumar stated that on 04-05-2002 Shri K. P. S. Gill, former Director General of Police of Punjab State, who had been deputed as an Advisor to the Chief Minister of Gujarat on law and order matters, convened a meeting of senior police officers at the Central Reserve Police Force group centre in Gandhinagar. Shri...
id_1034
16
In that, for the view that we have taken hitherto that the Special Investigation Team, as well as the Courts including the appellant, is bound by the sui generis directions issued by the Supreme Court of India from time to time, the matter could be examined only in that context and not in reference to the approach to b...
id_1034
17
Shri K. Nityanandam, the then Secretary (Home), stated that he attended the law and order meeting called by the Chief Minister at his residence on 27‑02‑2002 at about 2300 hours. He further stated that the deliberations in the meeting mainly revolved around the law and order situation after the Godhra train incident an...
id_1034
18
Shri Sanjiv Bhatt has further contended that, in view of the fact that the late Ahesan Jafri, former Member of Parliament, was residing in Gulberg Society, he had telephonically conveyed the details directly to the Chief Minister either on the landline or on the mobile phone of Shri O. P. Singh, Personal Assistant to t...
id_1034
19
In the meantime, on the complaint of Shri Sidheshwar Puri, Secretary, Bar Association, Pali (Rajasthan), National Human Rights Commission, taking a very serious view of this false case under the Narcotic Drugs and Psychotropic Substances Act, vide its order dated 15-09-2010 asked the Government of Gujarat to pay a sum ...
id_1034
20
It was also mentioned in this message that all Class I and Class II officers of Revenue and Panchayat should be instructed to visit the villages at least twice a week and that the Talatis and primary school teachers should be instructed to stay in their respective places of duties, keep in touch with the village leader...
id_1034
21
He has further stated that he had reached at the Chief Minister's residence alone a little earlier and waited there as the Chief Minister had not arrived at that time. Subsequently, Smt. Swarna Kanta Varma, the then acting Chief Secretary Shri Ashok Narayan, the then Additional Chief Secretary (Home), Shri P.C. Pande, ...
id_1034
22
These 19 unidentified dead bodies were cremated on 28-02-2002 evening at Gota cremation ground near Sola Civil Hospital by the District Administration and police officers with the help of the Sarpanch of Gota village. The cremation was completed by about 18:30 hours on 28-02-2002. Shri Narendra Modi, Chief Minister, ha...
id_1034
23
Shri Malik denied the visit of the late Ashok Bhatt, the then Health Minister, to the Control Room. Shri V.R. Patel, another Police Sub‑Inspector who was on duty in Ahmedabad City Police Control Room from 08:00 hrs on 28‑02‑2002 to 08:00 hrs on 02‑03‑2002, fully corroborated the statement of Shri Nissarmohmad Malik, th...
id_1034
24
It would not be out of place to mention here that Shri M. K. Tandon was very well aware of the situation at Gulberg Society, as he had sent a message to the Police Control Room at 14:05 hours on 28 February 2002, stating that late Ahesan Jafri and others had been surrounded by a mob and needed to be shifted immediately...
id_1034
25
Phone call records do not contradict the statement given by Shri Sanjiv Bhatt to the Special Investigation Team and, considering the important and emergent nature of the meeting, the relative junior status of Shri Bhatt need not have prevented his attendance, especially since Additional Director General (Intelligence) ...
id_1034
26
Surprisingly, this message was not put up to Shri G.C. Raiger, the then Additional Director General (Intelligence), who was very much in the office on 28 February 2002. Further, Shri O.P. Mathur, the then Inspector General of Police (Police & Crime) also did not mark it to the Additional Director General (Intelligence)...
id_1038
0
Through: Petitioner in person with Mr. Chaitanya Gosain and Mr. Anand Thumbayil, Advocates versus Through: Mr. Chetan Sharma, Additional Solicitor General and Mr. R. Balasubramanium, Senior Advocate, Mr. Anil Soni, Counsel General, Mr. Vinayak Sharma, Mr. Amit Gupta, Mr. Vikramaditya, Advocates, Mr. Kirti Uppal, Senior...
id_1039
0
The sole petitioner Nikhil Padha, who claims to be a law student and an ardent human rights activist, has preferred this petition in public interest seeking the following reliefs: that the Jammu and Kashmir Human Rights Commission, Jammu and Kashmir Women Commission, Jammu and Kashmir Accountability Commission, and Jam...
id_1040
0
Shiv Charudatt Changdeo Pawar, aged 53 years, Wadala Naka, Nagsen Nagar, Poona Road, Nashik, Maharashtra 422001; Manohar Kisanrao Sonawane, aged 55 years, Bharat Bhushan Housing Society, Panchak Jail Road, Nashik Road, Nashik, Maharashtra 422; Prakash Narhar Desale, aged 46 years, Flat No 2, Shree Ganga Heights, Swadhy...
id_1041
0
Ms. Kangana Ranaut, an adult Indian inhabitant, having her address as Bungalow No. 5, Chetak Row House No. 41, Nargis Dutt Road, Pali Hill, Bandra (West), Mumbai 400050, is the petitioner. Respondent No. 1 is the Municipal Corporation of Greater Mumbai, a local statutory body having its office at Mahapalika Building, M...
id_1041
1
In the newspaper report it is interalia stated that the petitioner, who was unnecessarily spoiling the name of the Mumbai Police by comparing Mumbai with Pakistan‑occupied Kashmir, has received a good blow from the Municipal Corporation of Greater Mumbai., On 10 September 2020 the Municipal Corporation of Greater Mumba...
id_1041
2
Petitioner has impleaded Respondent No. 5, probably in order to divert attention from the fact that the Petitioner had carried out unauthorized construction, which was demolished by the Municipal Corporation of Greater Mumbai. The Petitioner is not entitled to any relief against Respondent No. 5 in the absence of plead...
id_1041
3
From the photographs produced by the Municipal Corporation of Greater Mumbai on 5th/7th September 2020, the workman described as Workman No. 1 was carrying out work on a ladder in the discussion room, with a box of paint/polish and some pieces of cloth beside him. In the same discussion room, another workman described ...
id_1041
4
As noted by the Supreme Court of India in E.P. Roappa v. State of Tamil Nadu (L&S) 165, courts would be slow to draw dubious inferences from incomplete facts placed before them, particularly when the imputations are grave and are made against the holder of an office which has a high responsibility in the administration...
id_1041
5
Respondent No.4, the designated officer of the Municipal Corporation of Greater Mumbai (MCGM), West Ward, stated on oath in his affidavits dated 10 September 2020 and 17 September 2020 that on 5 September 2020 the Officer (Mukadam) conducting a routine inspection in the area noticed construction work taking place at th...
id_1041
6
Late by his letter dated 7th September 2020 directs the Duty Officer of Khar Police Station to drive out unnamed persons from the bungalow before passing his Order of Demolition dated 9th September 2020, without dealing with the reply of the Petitioner's Advocate dated 8th September. Section 354A(2) of the Maharashtra ...
id_1041
7
Coming now to the wrongfulness of the state action, it is important to note at the outset that anything which is not authorized by law and which infringes a citizen's rights is wrongful on the part of the state. As we have seen above, assuming that the subject structures were illegal and amounted to unauthorized works ...
id_1041
8
When a writ petitioner makes out a case for invoking the extraordinary jurisdiction under Article 226 of the Constitution, the High Court would not refer it to the alternative remedy of a civil suit, merely because the matter may involve an incidental examination of disputed questions of fact. The question that will ul...
id_1042
0
Leave granted. The appellant before the Supreme Court of India has challenged the order dated 12 July 2021 by which his petition before the Karnataka High Court was only partly allowed in as much as the High Court has quashed the proceedings regarding offences under Sections 406, 420 and 417 of the Indian Penal Code as...
id_1044
0
B. Muthuramalingam, Petitioner vs. The Secretary, The Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training, New Delhi, Respondent., Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respo...
id_1045
0
Date of Decision: 15 November 2022. Through: Mr. Kapil Sibal and Mr. Devadatt Kamath, Senior Advocates with Mr. Amit Anand Tiwari, Mr. Vivek Singh, Ms. Devyani Gupta, Ms. Tanvi Anand, Mr. Rajesh Inamdar, Mr. Rohit Sharma, Ms. Aparajita Jamwal, Mr. Sunny Jain and Mr. Harsh Pandey, Advocates, versus Respondents Through: ...
id_1045
1
According to the learned Senior Counsel, the proceedings may take some time as voluminous evidence is usually submitted by the parties which must be considered by the Election Commission of India. The learned Senior Counsel, therefore, states that no orders may need to be passed by this High Court of India interdicting...
id_1047
0
Date of decision: 06 March 2024. Through: Mr. Jayant Mehta, Senior Advocate with Mr. Ripu Daman Bhardwaj, Mr. Satya Ranjan Swain, Mr. Vijay Kumar Joshi, Mr. Himanshu Bidhuri and Ms. Kangan Roda, Ms. Nikita Sethi, Advocates for Petitioners 1. Ms. Sonia Mathur, Senior Advocate with Mr. Chetanya Puri, Ms. Priyanka Garg an...
id_1047
1
Having regard to the importance of the functions discharged by the legislature under the Constitution and the majesty and grandeur of its task, there would always be an initial presumption that the powers, privileges, etc. have been regularly and reasonably exercised, not violating the law or the constitutional provisi...