jurisdiction. As a constitutional
court it has a duty to protect the rights of the citizens but simultaneously it
is to keep itself alive ... inaction on the part of a litigant - a litigant who has forgotten
the basic norms, namely, "procrastination is the greatest thief of time
laws of a Co-operative Society, the Managing
Committee has no right to move or consider a motion for
loss of confidence in the President ... Balwant Patil (supra) arrived at a similar conclusion and held that the
right of holding a post of the Chairman, Vice-Chairman and Office Bearers
amended Cr.P.C by Act No 5/2009, of the right of victim this Court
in Delta Car Private Limited Vs Sanjeev Shah held ... such power is available as it
should not be forgotten the factum of victim who is put to injury
physically or mentally suffering being
necessary to
delve into their individual depositions.
30. It cannot be forgotten that they were accused for attack
by them on Shivaji and others ... Downloaded on - 12/01/2017 00:56:41 :::
apeal448.02 20
right of private defence, its extent & scope. APP has urged that
Thus, Article 14 read with Article 16(1) of the
Constitution accords right to an equality or an equal treatment
consistent with principles of natural ... corporate statutory or
instrumentality under Article 12 must act fairly and reasonably.
Right to fair treatment is an essential inbuilt of natural justice.
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with enormous vigour, in today's society.
Every right-thinking citizen is duty bound to show esteem to law
for having an orderly, civilized ... concept of proportionality
that the law recognizes. It can never be forgotten that the
purpose of criminal law legislated by the competent
legislatures, subject
even if is
founded on the allegation of infringement of his legal right, has to
necessarily depend upon unblameworthy conduct of the person
9 Patna ... jurisdiction. As a constitutional court it has a duty to
protect the rights of the citizens but simultaneously it is to keep
itself alive
effective prosecution of crime, an
interest which at times seems to be forgotten. Perfection is
impossible; like other human institutions criminal proceedings must ... problem of statecraft. The pendulum over the
years has swung to the right.' "
Again (in AIR para
made."
9) That apart, there is another principle which cannot be
forgotten. The respondents No. 1 & 2/plaintiffs who have filed the
suit ... rule of law, as
already discussed above.
10) The trial court has rightly held that a person can be
impleaded as a party where
person transfers or creates to and in favour of another a right over or in respect of a specified property. Undoubtedly, an intention to create ... question of Fact and not Law.
26.It cannot be forgotten that a 'Mortgagor' is a person who takes loan in security, transfers
