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The contemnor used the filing of the writ petition as another weapon in his armour to try and get the price reduced for the land. Such conduct of any person to abuse the judicial process cannot be ignored or left unpunished.
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If a person is of the view that the compensation has been paid to a wrong person, then the same can be a ground for making reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.
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The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.
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“Any undue indulgence and latitude to the ED will be deleterious to the constitutional values of rule of law and life and liberty of persons. An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee.”
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The Court stated that when a decision of a coordinate bench of the same High Court is brought in notice, it is to be respected and is binding to the Bench of such co-equal strength. For taking a different view, it is required to refer the question to the larger bench, as it is the only course of action open to a Bench of a co-equal strength.
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The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.
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The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.
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In the case at hand, the husband had argued that in view of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is not entitled to maintain a petition under Section 125 of the CrPC and has to proceed under the provisions of the 1986 Act.
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The Calcutta High Court observed that the frequency of the awareness drives conducted by the Railway Police Force should be increased so that this menace can be avoided.
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Supreme Court clarified that this order will not stand in the way of the State Governments independently taking an appropriate decision
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Sublime Software Limited developed an app called “Briar”, which is a Free and Open-Source Software (FOSS) which operates on a technology in which a person can directly send a message to another person even when there is no internet connectivity.
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“Only where one of the parties is seen to have voluntarily deserted the other and parties have continued in that status for a long period of time, then in view of other attending circumstances indicating there was no substance in the marriage, a conclusion may be reached that the marriage had been irretrievably broken down”
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The Court was of the view that the only test in such extraordinary situations must be as to whether the medical treatment is actually availed of. Once the answer is in affirmative, the reimbursement must be full while dealing with such cases pertaining to COVID pandemic.
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The statement of object and reason for enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, was to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matters connected therewith or incidental thereto
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The NCLAT criticized the appellants for unnecessarily burdening the Tribunal with excessive documentation, voluminous records and citations of little value, thereby wasting Tribunal’s resources and acting contrary to professional ethics.
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The Court stated that JJ Basti/cluster in question was not a notified JJ Basti as per DUSIB list of 675 Notified JJ Basti’s in Delhi, which further clarifies that the residents of the appellant-union are living illegally
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Madras High Court said that whether the documents executed by 292nd pontiff are liable to be declared as null and void or whether the appointment of Sri Harihara as the 293rd pontiff is valid or not have to be decided by the Trial Court
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The Delhi High Court stated that its immediate priority is to safeguard public safety and to ensure that the basic fire safety equipment, as mandated by law, is installed at the premises of private nursing homes.
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The Court referred to Rajendra Roy v. Union of India, (1993) 1 SCC 148 wherein it was held that, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances, however it cannot be drawn from insinuation and vague suggestions.
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The Court stated the petitioner is living and no one, including a physician, is permitted to cause death of another person by administering any lethal drug, even if the objective was to relieve the patient from pain and suffering.
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