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Before 25-1-2022, there were no binding laws regarding age restrictions on intending couples wishing to avail surrogacy. Therefore, for couples above the age limits under the Surrogacy (Regulation) Act, 2021, the right to surrogacy was not conditional on their age and was freely available to intending couples.
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In the present case, the Court directed to file an affidavit informing as to how sex education was provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh. Thus, an affidavit was filed by the Circle Officer, District Sambhal, Uttar Pradesh, detailing the curriculum for classes IX to XII.
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Litigants might fear that seeking justice through the courts could leave them in a worse position than they were in before initiating legal proceedings. This could seriously impact access to justice and consequently the very rule of law.
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“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
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“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”
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The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
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In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
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Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
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“The will of the people, expressed through the election result, should be respected, unless it has been corrupted by fraudulent practices, in which case, the court should intervene without hesitation.”
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“We reiterate that whatever was said in our order was to ensure that the dignity and authority of the judiciary as a whole is maintained high in the minds of the people of this country, as that will go a long way in reinforcing the faith that is reposed in us.”
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“At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.”
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Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.
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Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.
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“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”
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The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
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Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.
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“The Sentence Review Board (‘SRB’) deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation oriented and not a routine disposal/statistic dominated exercise.”
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The Court appointed a Local Commissioner to visit a premise, as petitioner the petitioner apprehended that the respondent was likely to remove all evidence to deny its involvement in infringing activities.
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“The registration of the impugned domain names by Defendant 1 would be prejudicial to public interest as the Defendant 1 is seeking to monopolize the mark, which was announced by the Insurance Regulator IRDAI for a specific purpose in public interest.”
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The Ph.D. degree which was awarded to Respondent 5 did not presuppose acquisition of lower qualification, i.e. master’s degree in Ayurveda. Respondent 5 was admitted to Ph.D. course without undergoing the master’s degree course immediately after obtaining his graduation degree in Ayurveda.
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