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id_363 | 0 | Case No. 2023/DHC/001004. Judgment delivered on: 09.02.2023. Advocates who appeared in this case: For the Petitioner: Mr. Nishit Kush, Mr. Mercy Hussain and Mr. Siddharth Sikri and Ms. Kirti, Advocates. For the Respondent: Ms. Priyanka Gupta, Advocate., Appellant impugns the judgment dated 27.07.2022, whereby the petit... |
id_364 | 0 | Leave granted. A challenge has been laid in the present appeal to the judgement dated 24th January 2018, passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior, dismissing the appeal filed by the appellant State Government against the order dated 17th November 2017, passed by the learned Single Jud... |
id_364 | 1 | Even though the respondent had truthfully declared that he was involved in a criminal case which was decided by the trial court vide judgment 26 October 2015, on perusing the facts of the said case as noted hereinabove and the observations made in the judgment, quite clearly, this was not a case of clean acquittal. It ... |
id_365 | 0 | 24 January 2023 Item No. 11 WPA 59 of 2023 National Restaurant Association of India and others versus The State of West Bengal and others. For the Petitioners: Jaydip Kar, Jishnu Saha, Krishnendu Sarkar, Meghla Das. For the Respondents: Rajdip Roy, Anindyasundar Chatterjee, Goutam Dinda., The Commissioner of Police, Ko... |
id_366 | 0 | Reportable Writ Petition (Civil) No. 1011 of 2022 Supriyo @ Supriya Chakraborty & Anr. Petitioners Versus Union of India Respondent. Writ Petition (Civil) No. 93 of 2023. T. C. (Civil) No. 5 of 2023. T. C. (Civil) No. 8 of 2023. T. C. (Civil) No. 9 of 2023. T. C. (Civil) No. 11 of 2023. T. C. (Civil) No. 12 of 2023. Wr... |
id_366 | 1 | The word “man” in Section 2(b) includes “any person”, and correspondingly the word “woman” includes “any person”. The words “man” and “woman” include trans‑men, trans‑women, intersex and non‑binary individuals as the case may be. Section 4(c) enacts only an age‑based exclusion for persons otherwise eligible to marry un... |
id_366 | 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_366 | 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_366 | 4 | Some petitioners before this Court 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 unable to hide her... |
id_366 | 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_366 | 6 | The law confers on children who are born of wedlock benefits in succession. In addition, the law’s recognition of the concepts of legitimate and illegitimate children has social repercussions in that illegitimate children are shunned by society. These intangible benefits of marriage indicate that society regards marria... |
id_366 | 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 impos... |
id_366 | 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 into (by adding or substituting phrases) to save it from being declared void., If, in the present batch of petitions, the Supreme Court o... |
id_366 | 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., It is not only forma... |
id_366 | 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 to whom they are attracted. The present batch of petitions seeks the recognition of the right of persons... |
id_366 | 11 | Section 57 prescribes the eligibility criteria for prospective adoptive parents. The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child and provide a good upbringing. In the case of a couple, the consent of both spouses is required. A single or ... |
id_366 | 12 | 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 on p... |
id_366 | 13 | There is neither a test nor 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 e... |
id_366 | 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, our Courts are no stranger to interpreting statutory laws through ... |
id_366 | 15 | The Child Marriage Restraint Act of 1929 prescribed the minimum age of marriage for females at fourteen years and for males at eighteen 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 fo... |
id_366 | 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 of the senses because people married before the rise of the state as a concept. Therefore, marriage as an institution is prior to the state, i.e., it ... |
id_366 | 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_366 | 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_366 | 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 by the learned Chief Justice is that it con... |
id_366 | 20 | |
id_366 | 21 | I find that a right to a civil union or an abiding cohabitation 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 and t... |
id_367 | 0 | Mohd. Nawaz Iqbal Shaikh, Applicant, versus the State of Maharashtra and Another Respondent; Salman Khan alias Abdul Rashid Salim, Applicant, versus the State of Maharashtra and Another Respondent; Mr. Vikram Sutaria with Mr. Parag Khandhar on behalf of DSK Legal for the Applicant in application APL/450/22; Mr. Abad Po... |
id_367 | 1 | The Magistrate is not bound to take cognizance merely because a complaint has been filed before him when the complaint does not disclose a cause of action. In S.R. Sukumar v. S. Sunaad Raghuram, the Supreme Court of India correctly crystallised the process, stating that Section 200 of the Criminal Procedure Code provid... |
id_369 | 0 | People's Union for Civil Liberty, Ranchi, through its General Secretary Mr. Shashi Sagar Verma, Petitioner, versus the State of Jharkhand, through the Chief Secretary, Ranchi, and the Department of Law, through its Secretary, Ranchi, Respondents. For the Petitioner: Mr. Shailesh Poddar, Advocate. For the State: Mr. Raj... |
id_37 | 0 | CS (Commercial) 701/2023 and Interim Applications 19499-19505/2023, 19515/2023 were presented through advocates Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamola, Mr. Shivang Sharma and Ms. Gitanjali Sharma for the plaintiff, and Ms. Mamta Rani Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehersa and Ms. Amishi Sodani ... |
id_370 | 0 | Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi 110067. Shri Faisal Bashir, Appellant, son of the Police Headquarters Jammu and Kashmir, Srinagar. Date of Hearing: 05 July 2023. Date of Decision: 12 July 2023. Chief Information Commissioner: Shri Y. K. Sinha., Relevant facts emerging from appeal:... |
id_372 | 0 | Item No. 4 Allowed Criminal Revision Matter (Application) 127 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 436 of 2023 dated 15 December 2023 under Sections 384, 385, 506 and 120B of the Indian Penal Code, 186... |
id_376 | 0 | The Supreme Court Collegium has recommended the names of Ms Shamima Jahan, Advocate and Ms Yarenjungla Longkumer, Judicial Officer, for appointment as Judges of the Gauhati High Court in the following terms: The recommendation for appointment of the above two candidates as Judges of the Gauhati High Court was made by t... |
id_378 | 0 | In the High Court at Calcutta (Constitutional Writ Jurisdiction) W.P.A 10504 of 2021 Shri Firhad Hakim @ Bobby Hakim & Ors. Mr Tushar Mehta, Learned Solicitor General of India, Mr Y.J. Dastoor, Learned Additional Solicitor General of India for the petitioner. Mr Kishore Dutta, Learned Advocate General, Mr Abhratosh Maj... |
id_379 | 0 | Review Petition No. 936 of 2021 Dated this the 28th day of October, 2022 A. Muhamed Mustaque, Judge. This is a typical review portraying that Muslim women are subordinate to the will of their male counterparts. The review does not look innocuous at the instance of the appellant, but rather appears to have been fashione... |
id_379 | 1 | In Islamic law, it is desirable that all kinds of disputes are resolved amicably between believers, either by themselves or with the assistance of the Ruler. If the matter is resolved by the Ruler or with the intervention of a third party, that procedure itself cannot be cited as the procedure for the determination and... |
id_379 | 2 | In the absence of any other method in the manner suggested by the counsel for the review petitioner and others, to effectuate the right conferred on Muslim women being prevalent in this country, the Supreme Court of India's authority in conferring upon Muslim women the right to invoke khula at her own will will have to... |
id_380 | 0 | These appeals have been preferred by the appellants, Khoiram Ranjit Singh (referred to as Appellant 1) and Pukhrihongam Prem Kumar Meiti (referred to as Appellant 2), under Section 21 of the National Investigation Agency Act, 2008 seeking reduction of fine and/or reduction of the default sentence imposed on the convict... |
id_381 | 0 | The Issue in Controversy. This judgment addresses the issue of whether writ petitions, challenging orders passed by the Intellectual Property Appellate Board (IPAB), filed before the abolition of the IPAB on 4 April 2021, would have to be heard by a Single Bench or by a Division Bench of the Delhi High Court., By order... |
id_381 | 1 | He submits that each exercises its own clearly statutory delineated jurisdiction. The mere fact that, consequent on abolition of the Intellectual Property Appellate Board, matters which were earlier being filed before the Intellectual Property Appellate Board would have to be filed before the Delhi High Court, he submi... |
id_381 | 2 | The decision rendered by him in such a case cannot be treated as equal to the decision which the Intellectual Property Appellate Board might have rendered, had it continued to exist and retain dominion over the matter. The decision is pre-eminently the decision of the Single Judge of the Delhi High Court., Once the myt... |
id_382 | 0 | Reportable Criminal Appeal Number 1279 of 2021 Bhoopendra Singh Appellant versus State of Rajasthan and Another Respondents. Justice Dhananjaya Y. Chandrachud., This appeal arises from a judgment dated 11 August 2021 of a Single Judge at the Jaipur Bench of the High Court of Judicature for Rajasthan. By the judgment im... |
id_383 | 0 | (Criminal Revision No. 588 of 2021 of Vile Parle Police Station) Applicant Vs State of Maharashtra (through Vile Parle Police Station) Respondents. Learned Advocate Rupesh Maurya, for the applicant. Learned Assistant Public Prosecutor Sachin Jadhav, for the State/respondent. Learned Advocate Suraj Chauhan, for the inte... |
id_384 | 0 | Nandu Dada Survase, age 45 years, Occupation - Agriculturist, Resident of Ranjani, Taluka Pandharpur, District Solapur. At present in Sub‑Jail, Pandharpur. Appellant (Original Accused No.1). The State of Maharashtra. Respondent Miss Shraddha Sawant, appointed advocate for the appellant. Miss Veera Shinde, appellant for... |
id_385 | 0 | Reserved on Pronounced on. This petition having been heard and reserved for orders, coming on for pronouncement this day, the High Court of Madhya Pradesh passed the following:, These suo motu proceedings for contempt were initiated in pursuance to a reference sent by Shri S.P.S. Bendela, Additional District Judge, Bar... |
id_387 | 0 | Date of decision: 07 August 2023. W.P.(C) 3693/2019 and C.M. No. 34242/2020. The petitioner appeared in person. The respondents were represented by Mr. Ramesh Babu M. R., Ms. Manisha Singh and Ms. Nisha Sharma, Advocates for Respondent; Mr. Arun Kathpalia, Senior Advocate with Mr. Saurabh Kumar, Mr. Abhishek Kumar Sing... |
id_387 | 1 | A copy of the Reserve Bank of India letter dated August 22, 2017 is hereby annexed as Annexure B to the present Affidavit., It is submitted that Google is a Third Party Application Provider and does not operate any payment system for which authorization is required and mandatory under the provisions of the Payment and ... |
id_388 | 0 | nd 397 of 2022 This petition coming on for admission this day, Honourable Shri Justice Ravi Malimath, Chief Justice passed the following: The facts and circumstances involved in all these writ petitions being one and the same, at the request of learned counsel for the parties the matters are heard together Interim Appl... |
id_389 | 0 | The State Law Commission, Uttar Pradesh is working on control, stabilization and welfare of the population of the State and has prepared a draft bill. I shall be personally thankful to you if you may kindly go through it and suggest some modifications, suggestions and other ideas to improve the draft bill. The suggesti... |
id_389 | 1 | A marries C after few years and further conceive two children with C. After a few years A marries D and conceives three more children. Here, besides A, D has acted in contravention of the two‑child norm, however, B and C have not acted in contravention of the two‑child norm., Effect of contravention of two‑child norm i... |
id_391 | 0 | Constitutional Writ Jurisdiction Appellate Side Present: The Honourable Justice Shekhar B. Saraf. Writ Petition No. 5611 of 2020, Interlocutory Application No. 1 of 2020 (Case Application Number 3378 of 2020). Sandipta Gangopadhyay versus Indian Bank and others. For the petitioner. For the State respondents: Mr. Shuvro... |
id_391 | 1 | Since the reference made to the order impugned in the order dated August 30, 2019 was the order of the learned Single Judge dated April 21, 2015, I also reproduce the operative portion of such order below: The indefinite period of suspension in case of the petitioner must end with immediate effect. Accordingly, the app... |
id_392 | 0 | Reportable Civil Appeal No 2357 of 2017: Government of National Capital Territory of Delhi (Appellant) versus Union of India (Respondent). Dr. Dhananjaya Y. Chandrachud, Chief Justice of India., This case before the Supreme Court of India deals with the asymmetric federal model of governance in India, involving the con... |
id_392 | 1 | This is where there is a departure from the legislative powers of Parliament with respect to States. While Parliament does not have legislative competence over entries in the State List for States, it has the power to make laws on entries in the State List for the National Capital Territory of Delhi. This was the view ... |
id_392 | 2 | Fifth, under Article 239AA(7)(a), Parliament may by law make provisions for giving effect to, or supplementing the provisions in the foregoing clauses of Article 239AA and for all matters incidental or consequential thereto. Article 239AA(7)(b) stipulates that such law shall not be deemed to be an amendment of the Cons... |
id_392 | 3 | Justice B.P. Jeevan Reddy, in his separate opinion, in S. R. Bommai v. Union of India 24, where federalism was held to be part of the basic structure, held that the States were independent and supreme in the sphere allotted to them, even if the Constitution has a centralising drift: 276. The fact that under the scheme ... |
id_392 | 4 | The concept of civil service is not new or of recent origin. Governments, whether monarchial, dictatorial or republican, have to function, and for carrying on the administration and the varied functions of the government a number of persons are required and have always been required, whether they are constituted in the... |
id_392 | 5 | In the preceding section of this judgment, we have approved the decision in Advance Insurance (supra) and held that the definition of State in Section 3(58) of the General Clauses Act as amended by Adaptation of Laws (No. 1) Order, 1956 must be applied for the interpretation of the Constitution unless the context other... |
id_392 | 6 | We accordingly hold that references to State Government in relevant Rules of All India Services or Joint Cadre Services, of which the National Capital Territory of Delhi is a part or which are in relation to the National Capital Territory of Delhi, shall mean the Government of the National Capital Territory of Delhi. W... |
id_393 | 0 | Santosh Anil Vasantrao Deshmukh, aged 70 years, Occupation: Agricultural & Social Service, having his address at Dnyaneshwar Bungalow, Malabar Hill, Mumbai 400006, is the petitioner. The respondents are: 1. The State of Maharashtra (through the Secretary, Home Department, Madam Cama Road, Mumbai 400032). 2. Central Bur... |
id_393 | 1 | By making reference to the observations of the Constitution Bench in the case of CPDR (supra), Mr. Lekhi strenuously urged that a direction for registration of FIR and consequent investigation is implicit in the order of the Division Bench dated 5th April, 2021. Once the Supreme Court is persuaded to exercise the extra... |
id_393 | 2 | Attention of the Supreme Court of India was invited to the decisions of the Karnataka High Court in the case of Hemant Nimbalkar vs. State of Karnataka and others, the Gujarat High Court in the case of Bhayabhai Gigabhai Sutreja vs. State of Gujarat, the Kerala High Court in the case of Ramesh Chennithala vs. State of ... |
id_393 | 3 | Even proceeding on the basis that on petitioners’ complaint, an FIR must be registered as it purports to disclose cognizable offences and the Supreme Court of India must so direct, will it not be a futile exercise having regard to Section 17A. I am, therefore, of the view that, though otherwise the petitioners in Writ ... |
id_394 | 0 | Dated this the 23rd day of December, 2022. This is a strange case in which serious allegation of forgery is alleged against the Chief Judicial Magistrate, Amini Island. It is alleged that some of the accused in a criminal case pending in that court filed a complaint before the administrative side of the High Court of K... |
id_394 | 1 | They filed applications through counsel and the same were allowed. Court Witness 19 was present. Counsel for the accused and the applicant sought a posting the next day, i.e., on 24 March 2021. On 24 March 2021 Court Witness 18 was not present but Court Witness 19 was present. The applicant and counsel for the accused ... |
id_395 | 0 | Date of Decision: 22nd August 2023. Commercial Suit (Commercial) 583 of 2023 and Interim Applications 15884 to 15889 of 2023 were heard through counsel Mister Pravin Anand, Mister Dhruv Anand, Miss Udita Patro and Miss Nimrat Singh versus counsel Mister Amit Verma, Mister Siddhartha Luthra and Mister Kunal Makkar. The ... |
id_396 | 0 | WP(MD)Nos.18130 & 18131 of 2021. K. Krishna, Party-in-person, petitioner in W.P.(MD)Nos.18130/2021. M. C. Uma Maheswari, petitioner in W.P.(MD)Nos.18131/2021. The respondents are: The Managing Director, Star Health and Allied Insurance Company Ltd., New Tank Street, Valluvarkottam High Road, Nungambakkam, Chennai 60003... |
id_397 | 0 | Arising out of Police Station Case No. 137 Year 2021, Thana Mahila Police Station, District Araria, the State of Bihar (Petitioner) versus Md. Major, son of Late Shamser, resident of Birnagar Paschim, Police Station Bhargama, District Araria, Bihar (Respondent). The same case is also recorded as Md. Major alias Mejar, ... |
id_397 | 1 | The Trial Court, considering the extreme penalty to which the accused becomes liable in a case involving a grave charge, is duty bound to fix the case for recording the prosecution evidence a few days after framing the charge. This interval enables the accused to think carefully about the case, consult his Advocate, in... |
id_397 | 2 | After putting on record how the trial progressed, we now examine whether the Trial Court was aware of the fundamental rules for conducting a criminal trial as envisaged in the procedural code that is the Code of Criminal Procedure, as well as the Criminal Court Rules framed by the Court, apart from the principles enshr... |
id_397 | 3 | It is mysterious how such a voluminous judgment, which requires application of mind to the record, could have been dictated and pronounced by the learned Trial Court in just 40 minutes after hearing the arguments of both parties. A doubt arises as to whether the judgment was kept ready and a farcical hearing was grante... |
id_398 | 0 | Monday, the 10th day of October 2022 / 18th Aswina, 1944 SSCR No.20 of 2021 Dated this the 10th day of October, 2022 Anil K. Narendran, Justice. This report filed by the Special Commissioner, Sabarimala, regarding the functioning of Safe Zone Project, Sabarimala, by the Motor Vehicles Department was disposed of by the ... |
id_398 | 1 | In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Central Motor Vehicles Rules. What is permitted has been specifically provided for and what has not been specifically stated would ob... |
id_40 | 0 | Writ Petition (Civil) Nos. 98, 7337, 7341, 7399, 7409, 7421, 7422, 7639, 7649, 7650, 7652, 7655, 7660, 7716, 7761, Date of decision: 24 November 2020. Versus. Counsels for the petitioners: Mr. Ankur Chhibber, Mr. Himanshu Shekhar Tiwari, Mr. Anshuman Mehrotra, Mr. Harsh Dhankar and Mr. Nikunj Arora, Advocates; Ms. Pall... |
id_40 | 1 | Being of the view that an opportunity needs to be given to the counsels for the respondents Indian Air Force, we stopped disposing of the petitions already pending and/or coming up before us and posted all the said petitions for hearing on 22 October 2020, directing the respondents Indian Air Force to, in the meanwhile... |
id_40 | 2 | Mr. Manoj Kumar Gupta, Advocate also appearing for the petitioners stated that the counsels for the respondents Indian Air Force are wrong in creating a distinction between Airmen and Officers on the basis of entry age; the entry age for officers is also between 16 to 18 years, through the National Defence Academy or b... |
id_40 | 3 | The Air Force Tribunal in its order quoted no basis for its reasoning that the high demand of Commissioned Officers in Central Police Establishments (CPEs) was the basis for the circular dated 19 February 1987, nor have the counsel for the respondents Indian Air Force placed any Writ Petition (Civil) Nos. 98, 7337, 734... |
id_400 | 0 | The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing FIR No. 274/2017 under Sections 363 and 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act registered a... |
id_401 | 0 | Date of decision: 31 August 2023. Through: Mr Prosenjeet Banerjee, Ms Shreya Singhal, Mr Sarthak Bhardwaj, Advocates for the petitioners in person. Through: Ms Malvika Rajkotia, Mr Ramakant Sharma, Ms Trisha Gupta, Mr Prateek Awasthi, Advocates for the respondent., CRL.REV.P. 604/2018 has been filed under Sections 397 ... |
id_401 | 1 | Refer to Jasbir Kaur Sehgal v. District Judge, Dehradun, (1997) 7 Supreme Court Cases 7; Refer to Vinny Parmvir Parmar v. Parmvir Parmar, (2011) 13 Supreme Court Cases 112 : (2012) 3 Supreme Court Cases (Civil) 290. In Manish Jain v. Akanksha Jain, (2017) 15 Supreme Court Cases 801 : (2018) 2 Supreme Court Cases (Civil... |
id_402 | 0 | Reportable Review Petition (Criminal) Nos. 159-160 of 2013 Criminal Appeal Nos. 300-301 of 2011 Sundar @ Sundarrajan Petitioner versus State by Inspector of Police Respondent Dr Dhananjaya Y Chandrachud, Chief Justice of India. This judgment consists of the following sections: E.2. Sentencing & Mitigation in the Trial ... |
id_402 | 1 | Generalia specialibus non derogant, special law will always prevail over the general law. It appears that the Supreme Court of India omitted to take note of Sections 59 and 65‑A dealing with the admissibility of electronic record. Sections 63 and 65 have no application in the case of secondary evidence by way of electr... |
id_402 | 2 | Out of these three cell phones, one cell phone was with the SIM card and the other two cell phones were without SIM card. The documentary evidence produced by the prosecution shows that three calls were made, namely two calls to Petitioner Witness 8 at 9:22 p.m. and 9:25 p.m. respectively, and after ascertaining the nu... |
id_402 | 3 | During the course of the hearing of the review petition, Supreme Court of India passed an order directing the counsel for the State to obtain instructions from jail authorities on the following aspects: the conduct of the petitioner in jail; information on the petitioner's involvement in any other case; details of the ... |
id_403 | 0 | Case: WRIT - C No. 12655 of 2021. Petitioner: Shrimati Yati alias Kahkasha and another. Respondent: State of Uttar Pradesh and three others. Counsel for petitioner: Abhijat Kumar Tiwari. Counsel for respondents: Chief Standing Counsel., The first petitioner is a young woman whose date of birth according to her High Sch... |
id_404 | 0 | Board of Control for Cricket in India, a society registered under the Tamil Nadu Societies Registration Act 1975 and having its head office at Cricket Centre, Wankhede Stadium, Mumbai 400020, is the petitioner. Deccan Chronicle Holdings Ltd, a company incorporated under the Companies Act 1956 and having its registered ... |
id_404 | 1 | Board of Control for Cricket in India – Indian Premier League was to pay out each franchisee's share of the Central Rights Income within a stipulated period. Board of Control for Cricket in India – Indian Premier League also had to maintain audited accounts and allow inspection not more than twice a year. If any such r... |
id_404 | 2 | This brings us to the critical document of 16 August 2012, Board of Control for Cricket in India's notice to Deccan Chronicle Holdings Ltd. Both sides had much to say on this document. It is best reproduced in full., Honorary Secretary's Office 6-334 16 August 2012 To Deccan Chronicle Holdings Ltd, Hyderabad. For the a... |
id_404 | 3 | BCCI received emails from ICICI and Axis Bank on 15 September 2012 requesting BCCI to keep its termination in abeyance. ICICI's email also forwarded a letter from Videocon Industries Ltd asking for 15 days to cobble together a consortium to acquire the Deccan Chargers franchise for Rs.250 crores., BCCI's Working Commit... |
id_404 | 4 | Board of Control for Cricket in India denied this claim. But, without prejudice, it said that an amount of a little over Rs.36 crores was due under the Central Rights Income for the 2012 season. This, Board of Control for Cricket in India said, had been adjusted in partial satisfaction of the amounts due from Deccan Ch... |
id_404 | 5 | Schedule 2 to the Franchise Agreement had the format of a player’s contract, and this also made the payment of each player’s fees a Deccan Chargers Holding Ltd (DCHL) obligation. There is no dispute that DCHL was to pay its players in the Deccan Chargers team on 1 April 2012 and 1 May 2012., Nothing in the Franchise Ag... |
id_404 | 6 | But that needs to be a contractual provision. It cannot be introduced into a contract where such a provision does not exist. As a generalized principle, substantial compliance may have some significance in public law matters, but, by definition, those would fall outside the purview of contract‑constrained arbitration l... |
id_404 | 7 | The Board of Control for Cricket in India (BCCI) could not be in breach or required to give a curative notice for a remediable breach. Upon a payment default by a franchisee, BCCI would be bound to retain the amount and then cure the breach by paying off the debt from the withheld amount, although the obligation to pay... |
id_404 | 8 | Board of Control for Cricket in India vs Deccan Chronicle Holding Ltd 16th June 2021 damages in addition to or in lieu of specific performance is, in my view, entirely unsustainable and not even a possible view. To appreciate how this unfolded, one has to look at how DCHL set its monetary claim. This was, as I have not... |
id_404 | 9 | Thus, the Claimant would be entitled to claim more than Rupees 6000 Crore. The Claim is refuted by the Respondent, Board of Control for Cricket in India, which contended that breaches of the Franchise Agreement had been committed by the Claimant and that such breaches compelled the Respondent to terminate the Franchise... |
id_404 | 10 | The losing party should generally be ordered to pay costs; if not, reasons are required. But that is discretionary. I can see no reason to refuse an order of costs. Mister Mehta leaves the question of costs to my discretion. He declines to submit a statement of costs. That is his and his attorneys prerogative. In fact,... |
id_405 | 0 | Dated this the 18th day of January, 2022. As the appeals arise out of the common award in Original Petition (Motor Vehicle) Nos. 1055, 1056 and 1057 of 2002 of the Motor Accidents Claims Tribunal, Thalassery (in short 'Tribunal'), they are being decided together. The parties are, wherever the context so requires and fo... |
id_405 | 1 | Motor Accident Claims Authority Nos 2476, 2481 and 2483 of 2008 (v) Immediately on the compensation amounts being deposited, the Motor Accident Claims Authority Tribunal shall disburse the deposited amount totally to the appellant in MACA No. 2483 of 2008 and in equal shares to the appellants in MACA Nos 2476 and 2481 ... |
id_407 | 0 | Suresh Kevalram Khemani and others, Applicants, versus Central Bureau of Investigation, Economic Offences Unit I and others, Respondents. Mister Aabad Ponda, Senior Advocate, with Mister Nilesh Tribhuvan, Mister Burzin Bharucha, Mister Sanjay Rege, Mister Kaushal Popat, with Miss Jhanavi Shah in behalf of Miss Alisha P... |
id_408 | 0 | Writ Petition(s) (Civil) No(s). 13029/1985 Date: 07-11-2023. Parties: Ms. Aparajita Singh, Senior Advocate (Additional Counsel); Mr. Siddhartha Chowdhury, Advocate (Additional Counsel); Mr. Tushar Mehta, Learned Solicitor General; Mr. Wasim Qadri, Senior Advocate; Mr. Gurmeet Singh Makker, Advocate on Record; Ms. Suhas... |
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