Reasonable accommodation fundamental right
Case BriefsSupreme Court

“The constitutional promise of equality is not merely formal but substantive, requiring the State to take affirmative measures to ensure that PwD and PwBD can meaningfully participate in all spheres of life, including professional education.”

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Supreme Court High Courts reserved judgments
Case BriefsSupreme Court

“We request the Jharkhand State Legal Services Authority to take immediate necessary steps to provide legal assistance in terms of the decision taken by the Supreme Court Legal Services Committee and ensure that the convicts like the petitioners are not left remediless.”

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Supreme Court 498A Judgment
Case BriefsSupreme Court

“Inconsistent decisions coming out from different benches shake public trust and reduce litigation to a punter’s game. It gives rise to various insidious sharp practices like forum shopping spoiling the clear stream of justice.”

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abetment to suicide mens rea
Case BriefsSupreme Court

“The Court would not hesitate to exercise its extraordinary powers which are inherent to quash such proceedings when it comes to fore, and the court is satisfied that allowing the proceedings to continue would be an abuse of process of Court or that the ends of the justice require that the proceedings ought to be quashed.”

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Modify arbitral awards
Case BriefsSupreme Court (Constitution/Larger Benches)

The present controversy arose because the Arbitration and Conciliation Act, 1996, does not expressly empower courts to modify or vary an arbitral award, and Section 34 of the 1996 Act only confers upon courts the power to set aside an award.

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Supreme Court custody ruling
Case BriefsSupreme Court

“We could even have considered giving an opportunity to the father to make suitable arrangements for providing home cooked food to the child but the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child’s custody.”

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Kerala High Court
Case BriefsHigh Courts

“The gold given to a bride at the time of marriage is often kept by the husband or his family under the guise of safekeeping of family customs. The woman rarely gets a written record or receipt for such transfers and the woman’s access to her own ornaments can be restricted”.

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Madras High Court
Case BriefsHigh Courts

“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”

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Leave encashment under Sikkim Leave Rules
Case BriefsSupreme Court

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

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Modify arbitral awards
Hot Off The PressNews

Section 34 of the Arbitration and Conciliation Act, 1996 provides the legal framework for challenging an arbitral award before a court, while Section 37 governs appeals against specific orders passed under the Act, including those made under Section 34.

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Disability pension
Case BriefsSupreme Court

Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.

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