Know Thy Judge | Supreme Court of India: Justice Sanjay Karol
Justice Sanjay Karol served the High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.
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Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
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Orissa High Court orders CBI Probe into alleged manipulated JEE Score Card
“If the documents/ score card given by the candidate, downloaded from the website of the NTA, were genuine, then the candidate should get admission into his choicest institution of the country, like IIT or NIT. But, if the documents are found to be not genuine, then CBI should ascertain how the same was obtained by the candidate, so that such mistake cannot be made by the authorities in future.”
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Second wife though not legally wedded in a strict sense, is entitled for service benefits of deceased husband: Andhra Pradesh High Court
“Rule 50 of the Andhra Pradesh Revised Pension Rules, 1980 is with intend to give relief to the woman becoming wife. Under such circumstances, even the wife from the second marriage was made entitled for family pension.”
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‘Doctor is always expected to treat or aid patient to best of his knowledge and ability’; Orissa HC rejects Doctor’s plea to quash S. 304-A proceedings
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
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Dwarka Court Restrains Times Now Navbharat from telecasting ‘Operation Paap’ against AAP MLA Naresh Balyan
“Times Now Navbharat or Times Group Media Channel is hereby directed to not broadcast, telecast, print the news, statement, opinion under the heading of operation ‘PAAP’ against the plaintiff.”
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Delhi High Court directs Family Court Judges to judiciously use the legal provisions for expeditious disposal of petitions
“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”
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Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court
“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”
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Milk cream is a product different from milk, hence not exempted from tax: Himachal Pradesh High Court
“A person who wishes to buy milk cream would not go to the market and ask for milk. He would only ask for milk cream because it is a separate product, though also a milk product.”
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Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’
“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”
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Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
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Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl
“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”
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Air India Limited being a private entity is no longer amenable to writ jurisdiction: Delhi High Court
“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”
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‘When father takes role of predator, it has serious impacts on humanity’; Orissa HC upholds father’s conviction for raping minor daughter
“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
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Rajasthan High Court: Chest measurement criterion for female candidates is arbitrary, outrageous and lacks sensitivity
“When the yardstick of minimum chest size is not provided for other government jobs involving comparable or more physical activity, one does not see any rhyme or reason behind the criterion in question, particularly for female candidates.”
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Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA
“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”
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Andhra Pradesh High Court stays construction of houses for Economically Weaker Sections in Amaravati R5 Zone
“If the construction is completed it will be a fait accompli. The loss will be irreparable. Balance of convenience is in favour of maintaining the status quo with respect to the construction of houses in R5 zone till the final judicial orders are passed.”
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Selection Committee need not record reasons for its decision as long as due consideration was given to candidate’s merit: Delhi High Court
“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”
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Never Reported Judgment | When Supreme Court upheld validity of detention for more than three months under Section 12 of the Preventive Detention Act, 1950 [(1952) 1 SCC 203]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 12 of the Preventive Detention Act, 1950.”
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