show due regard and deference to the Judiciary. It
cannot also be forgotten that our constitution recognizes and gives
effect to the concept of equality between ... reads as under:-
"107. The aforesaid decision does indicate that the right under
Article 30(1) is not so absolute as to prevent
Smt Malathi vs State Of Karnataka By on 29 September, 2020
Bench: B.Veerappa , K
right to engage persons in various capacities
for a duration or until the work in a particular project
is completed. Once this right ... scheme of the Constitution for appointment to posts. It
cannot also be forgotten that it is not the role of courts
to ignore, encourage
crime and punishment has to be
maintained while further balancing the
34
rights of the wrongdoer as also of the victim
of the crime ... requirement of taking a
holistic view of the matter cannot be
forgotten.
14. In the process of sentencing, any one
factor, whether of extenuating circumstance
better footing
than a disciplinary action with no enquiry. The right of the employer to
adduce evidence in both situations is well recognized ... management to that end also. But it must not be forgotten
that the charge sheet is the very foundation of the
disciplinary action. Once
citizen in a society governed by law.
It cannot be forgotten that the welfare State is governed by
the rule of law which has paramountcy ... living
organism in the various decisions of the court about the rights
Page 11 of 22
http://www.judis
corroborated in material particulars
by other independent evidence. It would not
be right to expect that such independent
corroboration should cover the whole ... reasonably and safely
accepted as true. But it must never be
forgotten that before the court reaches the
stage of considering the question of
corroboration
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
CRLMB-14379/2020]
the law enlarging this most fundamental of Fundamental
Rights....
The position now is that Article 21 as interpreted in
Maneka Gandhi ... trial. It is difficult to comprehend how the Sessions Judge
could have forgotten that he had called the petitioners to the
Court for commencement
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