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SUPREME COURT OF INDIA
M.R. Shah, Krishna Murari, JJ.
Aldanish Rein & Anr. – Appellants
Versus
Union of India – Respondent
Writ Petition(s)(Civil) No(s). 609 of 2022
Decided On : 30-09-2022
State Emblem Act, 2005 - Interpretation of Emblem installed on Central Vista Project - Emblem not in violation of the State Emblem Act, 2005
Fact of the Case:
The petitioner sought to challenge the installation of the Emblem on the Central Vista Project in New Delhi, alleging violation of the State Emblem Act, 2005.
Finding of the Court:
The court found that the Emblem installed on the Central Vista Project did not contravene any provisions of the State Emblem Act, 2005, after considering the petitioner's arguments and examining the Emblem in question.
Issues: Interpretation of the State Emblem Act, 2005 in relation to the installation of the Emblem on the Central Vista Project.
Ratio Decidendi: The court's decision was based on the interpretation of the State Emblem Act, 2005, and the determination that the Emblem did not violate any of its provisions.
Final Decision: The Writ Petition was dismissed, and any pending applications were disposed of.
ORDER
1. Permission to appear and argue in person is granted.
2. Having heard the petitioner-in-person and having gone through the Emblem of which the grievance is made, it cannot be said that the Emblem is in any way contrary to the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005 (for short 'the State Emblem Act, 2005'). It cannot be said that the Emblem installed on top of the Central Vista Project at New Delhi can be said to be contrary to any of the provisions of the State Emblem Act, 2005. The State Emblem of India installed on top of the Central Vista Project cannot be said to be in violation of the State Emblem Act, 2005.
3. The Writ Petition stands dismissed.
4. Pending applications, if any, stand disposed of.
AI
The court interpreted the State Emblem Act, 2005 and found that the Emblem installed on the Central Vista Project did not violate its provisions.
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