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“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”
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“Out of total unauthorized religious constructions, the action was taken with respect to only 23.33 per cent of them”.
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This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.
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Calcutta High Court: In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on
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Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.
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“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”
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“Registration of identical trade mark, specifically targeting the same class of goods raises a significant concern for potential confusion and deception among the public.”
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“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”
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Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.
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“In this digital era, it is too late in the day to claim that the e-filing of the final report cannot be construed as the date of filing and it is only the physical availability of papers that should be construed as the actual date of filing.”
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“Office Memorandum issued by Ministry of Home Affairs permits Banks to issue a request for opening a Look Out Circular, in exceptional cases, even if they are not covered by its guidelines, even in such cases, the same can be issued only if departure of such person is detrimental to sovereignty/security of India.”
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Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners
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“Rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens.”
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“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”
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The Court noted that the conditions for eligibility and benefits regarding reservations were the employer’s prerogative, which was not the Central Government in the instant matter but the Government of Punjab.
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“Srinivasarao, Senior Advisor, Indian Banks Association is sent notice to appear before the Court on the next date of hearing, i.e., 06-04-2024, so that the stand of all the Banks can be considered.”
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The High Court opined that it cannot venture into interpreting the scope of Gauhati High Court Rules and BCI Rules vis-à-vis dress code for advocates in the absence of necessary parties.
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Calcutta High Court noted that while acquisition of higher qualifications does not guarantee a higher scale of pay, teachers can legitimately expect incentives for further education.
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“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”
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“The Special Courts for MPs/ MLAs have jurisdiction to try all cases against the former and sitting MPs/ MLAs, even if the offence were committed prior to becoming a legislature or as a sitting legislature or after demitting office.”
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