Judgments
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
Budru Kashyap Vs State of Chhattisgarh & others ,Yogendra Kumar Sahu Vs State of Chhattisgarh & others ,Smt. Madhukala Jha Vs State of Chhattisgarh & others ,Father Thedor Toppo Vs State of Chhattisgarh & others
RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.
In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment
M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX
-Looking at the peculiar facts of the case, in the interests of justice, we direct that upon payment of Rs. 25,000/- by way of costs to the sole respondent within two months from today, the impugned Judgment shall be set aside and Tax Appeal No. 3 of 2013 shall be restored to its original number and shall be heard on merits by the High Court. Full Judgment
L.LAXMIKANTA Vs. STATE TR.SUPDT.OF POLICE LOKAYUKTA
It is a settled principle in law laid down by this Court in a number of decisions that once the demand and voluntary acceptance of illegal gratification knowing it to be the bribe are proved by evidence then conviction must follow under Section 7 ibid against the accused. Indeed, these twin requirements are sine qua non for proving the Full Judgment
KANAKLATA Vs. STATE OF NCT OF DELHI & ORS.
Held: The question is whether the apprehension of the complainant is reasonable for us to direct a transfer. Justice must not only be done but must seem to have been done. A lurking suspicion in the mind of the complainant will leave him with a brooding sense of having suffered injustice not because he had no case, but because the Presiding Officer had a preconceived notion about it. Full Judgment
BHAVANBHAI BHAYABHAI PANELLA Vs. THE STATE OF GUJARAT
The only question which survives for consideration is the sentence to be awarded- Having regard to the totality of circumstances, we are of the view that ends of justice will be met if the sentence awarded to the appellant is reduced to RI for ten years. However, sentence of fine and compensation as also default sentence and direction for recovery of the amount payable as compensation are Full Judgment
VIVEK RAI & ANR. Vs. HIGH COURT OF JHARKHAND THR.REG.GEN & OR
This writ petition has been filed under Article 32 of the Constitution of India seeking to declare Rule 159 of the High Court of Jharkhand Rules, 2001 as violative of Articles 14 and 21 of the Constitution and provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.").- It Full Judgment
DR.VINOD BHANDARI Vs. STATE OF M. P.
It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive. Seriousness of the allegation or the availability of material in support thereof Full Judgment
M/S CONSTRUCTION & DESIGN SERVICES Vs. DELHI DEVT.AUTH
Once it is held that even in absence of specific evidence, the respondent could be held to have suffered loss on account of breach of contract, and it is entitled to compensation to the extent of loss suffered, it is for the appellant to show that stipulated damages are by way of penalty - The Full Judgment
KANDIVALI CO-OP. INDUSTRIAL ESTATE & ANR Vs. MUNICIPAL CORP. OF GREATER MUMBAI & ORS.
-Elaborating the distinction between the tax and a fee, this Court in number of decisions held that the element of compulsion or coercion is present in all impositions, though in different degrees and that it is not totally absent in fees. The compulsion lies in the fact that payment is enforceable by law against a man in spite of his unwillingness or want of consent Full Judgment
S.T. SADIQ Vs. STATE OF KERALA & ORS.
It is well-settled that if a statute requires an authority to exercise power, when such authority is satisfied that conditions exist for exercise of that power, the satisfaction has to be based on the existence of grounds mentioned in the statute. The grounds must be made out on the basis of the relevant material. If the existence of the conditions required for the exercise of the power is challenged, the courts Full Judgment