Bringing you the Best Analytical Legal News
The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.
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“The U.P. Amendment in Section 16 was made operative w.e.f. 01-01-1977, as such, according to the provisions under the Hindu Adoptions and Maintenance Act, 1956, there shall be presumption that adoption has been made in compliance of the provisions of the Act unless and until it is disproved.”
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The Appointments Committee of the Cabinet appointed 11 new Presiding Officers and extended the additional charge arrangements of 8 existing Presiding Officers in various cities.
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“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”
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“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”
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“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”
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A quick legal roundup to cover important stories from all High Courts this week.
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Retired Justice Madan Bhimrao Lokur served as a Supreme Court judge from 2012 to 2018.
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“It is a well-accepted principle that bail is the rule and jail is the exception.”
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“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
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A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.
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“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
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The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.
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“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
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Research analysts will now have to disclose the extent of use of AI in providing research services to their client.
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“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
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“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”
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“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”
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“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
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“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
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