— Ss. and : Setting aside of order setting aside award, by Court exercising jurisdiction under S. of the , only on the premise that the 1983 Act and not the 1996 Act applied, in exercise of power under Art. of the , whether warranted, determined, [Modern Builders v. State of M.P., ]
— Art. — Habeas corpus — Maintainability — Custody of minor child: In child custody matters, writ of habeas corpus is maintainable where it is proved that detention of a minor child by a parent or others was illegal and without any authority of law. Courts prioritise well-being of child and may decline a writ if a detailed investigation is needed, directing parties to civil courts instead. No hard-and-fast rule can be laid down insofar as maintainability of a habeas corpus petition in matters of custody of a minor child is concerned, [Nirmala v. Kulwant Singh, ]
— Art. — Land acquisition: In case of dismissal of writ petition for failure to pay compensation for long period of 42 yrs, on ground of delay Failure to pay compensation for long period of 42 yrs, High Court’s approach of accepting arbitrary figure of compensation determined by authorities concerned as value of land, stringently deprecated, [Dharnidhar Mishra v. State of Bihar, ]
— Art. — Right to property: A more meaningful reading of the right to property cannot be limited to the two components of public purpose and compensation only. The larger right to property is seen as comprising seven intersecting sub-rights, each with a distinct character but interconnected to constitute the whole. Seven sub-rights of right to property, listed, [Kolkata Municipal Corpn. v. Bimal Kumar Shah, ]
— Arts. and : Principles reiterated re investigation by CBI, when warranted, [Mandakini Diwan v. High Court of Chhattisgarh, ]
Consumer Protection — Consumer/Consumer Dispute/Locus Standi — Right to sue — Under the Consumer Act — When accrues — Contractual or any other right or liability in terms of law, in respect of service/goods concerned — Necessity of: Consumer of service of entertainment of watching a movie after purchasing ticket, not entitled to file complaint alleging deficiency in service on ground of absence in the movie of any song, dialogue, small video or the like that contained in promotional trailer circulated before release of the movie. Promotional trailer does not create contractual relationship or any other right or liability between producer of the film and consumer. Promotional trailer being unilateral, there is no offer or proposal to be accepted with consideration so as to constitute a binding contract, [Yash Raj Films (P) Ltd. v. Afreen Fatima Zaidi, ]
— Ss. and — Discharge or framing of charge: Principles that need to be kept in mind re discharge or framing of charge, reiterated, [Ram Prakash Chadha v. State of U.P., ]
— Ss. , and — Quashment prayer — Matters that may be considered by Court: While considering prayer of quashing at the threshold, for determining prima facie case for investigation, allegations in FIR or police report or complaint, including the materials collected during investigation or inquiry, held, has to be taken at their face value. Thus, correctness of the allegations, held, not permissible to be tested at this stage, [Somjeet Mallick v. State of Jharkhand, ]
Education Law — Professional Colleges/Education — Medical and Dental Colleges — Admission — Admission procedure — NEET (UG) 2024 examination conducted by National Testing Agency (NTA) — Paper leak and malpractices: No material to indicate that leak was systemic affecting sanctity of entire exam, NEET (UG) 2024 not cancelled. Though there was a paper leak in two States however, sufficient material was absent to lead to conclusion that results of exam stand vitiated in its entirety or that there was a systemic breach in sanctity of exam. Considering that re-examination will lead to serious consequences affecting over 23 lakh students and will lead to disruption of academic schedule, causing a cascading effect in coming year, NEET (UG) 2024 examination not cancelled, [Vanshika Yadav v. Union of India, ]
Family and Personal Laws — Guardians and Wards — Custody of Child/Minor — Considerations for Appointment of Guardian/Welfare of Child: There is no straitjacket formula to determine custody issues. Paramount welfare of child is prime consideration. Principles summarised re matters to be considered in appointing guardian, [Gautam Kumar Das v. State (NCT of Delhi), ]
— S. r/w Ss. & — Investigation by CBI: Principles reiterated re investigation by CBI, when warranted, [Awungshi Chirmayo v. State (NCT of Delhi), ]
— Ss. & — Recruitment to Civil Services [(IRS-IT) & IRS(C&E)]: There was existence of 75 backlog vacancies in IRS(IT). No exemption notification issued in terms of proviso to S. 33 excluding IRS(IT) & IRS(C&E) posts from reservation for Visual Impairment (VI) category. Conduct of appellant strongly deprecated and relief granted, [Union of India v. Pankaj Kumar Srivastava, ]
— S. — Mortgage by deposit of title deeds (MDTD) — Intention to create security by deposit of deeds — Question of fact: Mode of deposit of title deed may be physical or constructive. Whether there is an intention that deeds shall be security for debt is a question of fact in each case. Said fact will have to be decided just like any other fact on presumptions and on oral, documentary or circumstantial evidence. There is no presumption of law that mere deposit of title deeds constitutes a mortgage, for no such presumption has been laid down either in Evidence Act or in Transfer of Property Act but a court may presume under S. 114 of the Evidence Act that under certain circumstances a loan and a deposit of title deeds constitute a mortgage. But that is really an inference as to existence of one fact from existence of some other fact or facts, [A.B. Govardhan v. P. Ragothaman, ]
— S. — Bail: Material propositions that need to be kept in mind by the courts while considering bail matters under UAPA, summarized, [Jalaluddin Khan v. Union of India, ]
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