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The Collegium on 16-08-2023 reiterated its proposal dated 10-08-2023 to transfer Justice Bhatnagar to Rajasthan High Court.
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“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.
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In its Resolution dated 17-08-2023, the Collegium recommended the names of the judicial officers and advocates to be appointed as Judges in High Courts of Gauhati and Orissa.
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The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.
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The Court stated that necessity to regulate the usage of dark web has become the need of the hour and persons involved in acts of uploading sensitive data of defence of the nation on to the dark web should be dealt with iron hands.
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Justice Sudhir Singh’s transfer from Patna to Punjab and Haryana High Court was originally proposed by the Collegium on 03-08-2023.
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Recommendation to transfer 14 High Court Judges was came on 10-08-2023. Earlier on 03-08-2023, the Collegium resolved to transfer 9 Judges. Thus, between these 2 dates, a total of 23 High Court Judges have been recommended for transfer.
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Collegium cited better administration of justice as being the reason for transfer of 9 High Court Judges.
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The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
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In this case, the husband had petitioned for dissolution of his marriage on grounds of cruelty, but the Family Court dismissed his petition. However, the High Court upon close scrutiny of evidence on record, set aside the Family Court’s decision.
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Dr Justice S. Muralidhar, whose illustrious legal career spans over more than 3 decades, bids adieu as Chief Justice of Orissa High Court on 07-08-2023.
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It was alleged that during his tenure as Prime Minister, Imran Khan had deliberately concealed the details of the gifts he retained from the Toshakhana.
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The petitioner has contended that S. 22 of RERA Act violates the Basic Structure of the Constitution and envisages Executive predominance.
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Deliberating over a decade old case, the Court also noted that media being the 4th pillar of democracy should act like it, for it has a social responsibility to maintain peace, as publication of the news items have wide implication on the society at large.
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The Court also observed that fundamentalism pertaining to a Muslim is merely someone who believes in the fundamentals of Islam and the same cannot have a negative bearing.
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The Court further pointed out that the instant petition did not make a strong case for violation of rules of reason and justice.
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The courts should make all efforts to try and dispose of matrimonial matters within 1 year so that in the event of granting such a decree, the parties may re-structure their lives.
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The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.
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Becoming only the second woman to hold the post of Chief Justice of Gujarat High Court, Justice Sunita Agarwal is currently the only woman Chief Justice of a High Court, as presently there is no woman among the Chief Justices of the High Courts of India.
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The Collegium recommended Biswadeep Bhattacharjee’s name keeping in mind his 30 years’ experience at the Bar and good knowledge and efficiency in handling criminal and civil matters.
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