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The Court stated that BIPA applies to those biometric identifiers and information that can identify a person thereby affirming that face signature is not a biometric identifier, hence there was no violation of BIPA.
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“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”
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“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
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The appellant filed an objection before the Executing Court to delete their name from the execution proceeding and to insert the name of Executive Engineer PWD, NH Division as Judgment debtor but the Executing Court disposed of objection on the ground that matter was already decided.
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The Court noted that the respondent merely seeks to summon the record, which was not in his possession but was in the possession of the petitioner, which right cannot be denied to him.
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The Court found that the respondents could not establish locus standi to seek any injunction against the impugned communications vis-a-vis content moderation by social media to suppress misleading information especially related to Covid-19 and 2020 Presidential Elections.
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The complainant had bought a beer bottle for his personal consumption, unfortunately there was glass piece in the beer bottle which hindered him from drinking the beer.
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The Calcutta High Court said that no coercive measures or disciplinary action would be taken against advocates who appear before courts for the interest of their clients.
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“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”
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“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”
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The Calcutta High Court did not permit raising the issue of non-service of bills belatedly at the appellate stage to avoid liability of taxpayer.
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The Bar Association wanted the State Government to bear the electricity expenses of the Bar rooms used for setting the client, conference rooms, etc. in the accommodation within the court premises.
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“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”
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“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
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The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.
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The petitioner is suffering from end stage chronic liver disease, his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life.
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The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC.
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Orissa High Court held that the court’s intervention is limited and emphasised on the autonomy of the arbitral process and the finality of the arbitral award.
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“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
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The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.
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