Bringing you the Best Analytical Legal News
The film “Emergency” is set during the 1984 Emergency under former Prime Minister Indira Gandhi and contains scenes violating the Sikh community’s fundamental rights and potentially leading to discrimination and wrongful labelling of young Sikh children who wear turbans as ‘Khalistanis’.
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The petitioner has challenged the amendment to the Rajasthan State Litigation Policy, 2018, which allowed the appropriate authority to appoint any counsel to any post based on their expertise, effectively bypassing the 10-year experience requirement.
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The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
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The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.
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“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”
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“The suspension though is not a punishment but is required to be effected with due caution and vigilance and a civil servant could not be placed under suspension without due application of mind and without examining the need to do so.”
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“Order of priority hearing, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and urgency are left to be decided in the normal channel.”
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“OMR answer sheets are electronically evaluated for the purpose of ensuring minimum human intervention, so as to ensure secrecy and credibility of the entire examination process.”
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Justice Hima Kohli, who bids farewell to the Supreme Court, became the first woman Chief Justice of the High Court for the State of Telangana and became the ninth woman to be elevated to the Supreme Court of India.
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Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.
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The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.
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“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”
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“The petitioners have not averred as to how the result of the returned candidate can be affected by minor deficiencies. Thus, the petitioners have failed to make out any cause of action.”
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“The Government functions in bureaucratic manner and every opinion has to be recorded in writing. The permission for granting appeal has to be in writing.”
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“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”
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The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.
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The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.
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In recognition of his exemplary service and profound legal insights, Justice R. Mahadevan was appointed as a Judge of the Supreme Court of India and took oath of office on 18-07-2024.
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The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
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The 1992 Ajmer Sex scandal involved systematic sexual exploitation and blackmail of schoolgirls, aged between 11 and 20 years, using nude photographs.
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