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The Court presumed that the absence of a reason for not disclosing the higher amount in the Agreement to Sell (‘ATS’), and the lack of explanation for payment of sale consideration disguised as rent is likely to evade taxes. This suppression made the 1982 ATS illegal, and against the public policy as per, Section 23 of the Contract Act, 1872.
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“Unless the attention of the court is drawn to the specific consequences that would follow on account of the conviction, the person convicted cannot obtain an order of stay of conviction.”
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When any investigating agency, on the intimation from the ED, commences investigation then the ED can investigate into those aspects provided there are “proceeds of crime” of the predicate offence. However, if no such case is found, then the ED cannot suo-motu proceed with the investigation.
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“The scope of Section 34 review, though narrow, does permit the court to excise patently illegal portions of an award, even if a granular item-by-item objection was not pleaded, so long as the broad ground was raised and both parties had opportunity to address.”
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“The Furlough Scheme has to be read as a whole, and an employee cannot contend that the beneficial part of the scheme is admissible and the part which provides for furlough period not being counted towards retiral dues separately is not sustainable.”
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“Mere prolonged detention or socio-economic hardship cannot outweigh the serious and grave nature of allegations involving offences against national security.”
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“Without this land, the very existence of the Club would fall into doubt inasmuch as no activities of the Club could be carried out without this land being available to it.”
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The film Kannappa is based on religious folkfare about Lord Shiva and his devoted follower, capturing the journey of the follower and his transformation in exploring spirituality.
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Considering the seriousness of the allegations against the accused, the Court viewed that custodial interrogation was necessary.
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“Not only has the petitioner failed to indicate how she has been intentionally victimized in the matter at hand, she has also made scandalous remarks attacking the integrity of the justice dispensation mechanism.”
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“For observance of such usages and customs, sometimes it does not appeal to reason, but all such practices, which assume a ritualistic model amongst the masses of single or multiple faith, bringing harmony and peace to society, cannot be obstructed.”
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“In a democratic setup, an elected representative is the voice of the people to whom he represents, hence, much care and caution are required to be taken while removing him from the post he is holding.”
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“Nuisance on the roads not only puts the life of such people in danger but also the life of the other people passing through the said roads.”
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“The ‘B’ Summary report, prepared by the Deputy S.P. in relation to irregularities committed in qualifying the IELTS exam, did not include the handwriting expert’s opinion and was challenged by the State in the Sessions Court.”
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The Court emphasised that if the Courts were to initiate disciplinary proceedings against a judicial officer based on a judicial order passed by him, there should have been strong grounds to suspect officer’s bona fides and the order itself should have been actuated by malice, bias or illegality.
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“Pertaining to the allegations of wrongful confinement as well as voluntary hurt by way of beatings, the statement of prosecutrix in the FIR is clear and specific that the same was done by both the accused persons with a common intent.”
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“Creating a false appearance of having solved a case by presenting that the accused had been brought to justice gave a misleading sense of resolution. This deceptive closure undermined public trust and falsely reassured society, while in reality, the true threat remained at large.”
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“The Authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 cannot adjudicate on the merits of the finding in the domestic enquiry or on the penalty, as it has no jurisdiction to adjudicate on the merits of the findings in a domestic enquiry. Those questions have to be adjudicated in a subsequent industrial dispute, if raised.”
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“When a man without arms dives into pools and emerges not just victorious, but triumphant on the international stage, the State is expected to salute that spirit, not stifle his rights by red-tapism.”
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“The fundamental right guaranteed to a citizen cannot be said to have been waived by a citizen for remaining silent for long time more particularly when the State has failed in its constitutional obligation to follow the process of land acquisition before taking over the private property of a citizen.”
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