Bringing you the Best Analytical Legal News
On 15-10-2024, the SC Collegium recommended Justice Siddaiah Rachaiah’s name for appointment as a Permanent Judge of the High Court of Karnataka against the existing vacancy.
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Nagarathna, J., was of the view that Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, did not require overruling and it continues to be good law in the context of what is comprised in the expression “industrial alcohol” and “intoxicating liquors”.
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Justice Sanjiv Khanna was elevated to the Supreme Court on 18-1-2019 and is due to retire on 13-5-2024, which means he will have a tenure of almost 6 months as Chief Justice of India.
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The Division Bench of the Court, while deliberating over the matter, identified 2 major issues- (1) Open Correctional Institutions and (2) Modalities for visitation by lawyers in jail to ensure free legal aid to the deserving prison inmates.
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This majority decision overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.
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This majority decision further overruled Supreme Court’s 7-Judge Bench ruling in Synthetics and Chemicals Ltd. v. State of U.P., (1990) 1 SCC 109, wherein it was held that States cannot tax industrial alcohol.
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The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.
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The Court emphasised that Judges must be mindful of the impact of their actions on society at large. Dealing with lakhs of litigation is no mean task, but at the same time, Judges must realize that instances do emerge leaving absolutely no margin for error.
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“There is no scope to bring equitable considerations while interpreting such a statute as the language of Sections 5, 8 and 9 is plain and simple, hence there is no scope for its liberal interpretation”.
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The respondent had filed original application before Central Administrative Tribunal challenging selection of Catering Supervisor based only on marks obtained in the interview and excluding marks of written test.
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The accused was arrested in 2012 on the suspicion of murdering his wife, mother and 2-year-old daughter. In 2016, the Trial Court convicted him and imposed death penalty which was confirmed by Bombay High Court
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TDSAT had ruled that AERA lacked the authority to regulate tariffs for services like Ground Handling Services (GHS) and Cargo Handling Services (CHS).
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The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
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The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.
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The Court directed West Bengal Govt. to submit an affidavit to disclose the selection process which is followed for the recruitment of the Civic Volunteers and the steps which have been taken to ensure that such Civic Volunteers do not operate in sensitive establishments.
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Justice Sanjiv Khanna’s name has been recommended as next Chief Justice of India as per the seniority rule.
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The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
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The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.
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On 15-10-2024 the Collegium recommended appointment of Judicial Officers and Advocates as Judges and Additional Judges as Permanent Judges for Kerala, Andhra Pradesh, and Karnataka High Courts respectively.
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Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
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