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The present petition called for the regulation of online content that violates the right to life and dignity of persons with disabilities.
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“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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“Common intention is implicit in the charge of gang rape itself and all that is needed is evidence to show the existence of common intention”
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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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“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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“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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“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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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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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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“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”
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The Court directed the District Judge, Kanpur Nagar, to transfer the Revision to another equivalent and competent court, other than the court of Dr. Amit Verma, Additional District Judge, if he was still posted there.
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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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“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”
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“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”
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“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”
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“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”
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“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
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The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
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If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.
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“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”
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