Bringing you the Best Analytical Legal News
This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.
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“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”
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The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act
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“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”
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Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
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Madras High Court viewed that there is nothing in the text or context of Section 3(d) which supports the interpretation that enhancement of known efficacy of the substance should be restricted to engineering or prospecting variants of phytase with inherently greater enzymatic activity over the reference phytase.
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A quick legal roundup to cover important stories from all High Courts this week.
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“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”
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Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
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During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
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Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation
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Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
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Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
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“School is situs for transformation of personality traits and for reformation via love and discipline. Education is a platform for acquisition of knowledge, as knowledge is power”
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This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
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“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
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“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
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“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
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“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.
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“The notice is required to state the grounds necessitating the action and the penalty proposed specifically and unambiguously and is also required to adhere to the principles of natural justice”
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