Bringing you the Best Analytical Legal News
“Kerala High Court allows a woman to urgently extract and cryopreserve the gametes of her brain-dead husband, despite the absence of written informed consent under the Assisted Reproductive Technology (Regulation) Act, 2021, directing that no further ART procedures occur without its approval.”
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“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”
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The case centred on a dispute between a worker’s request for transfer on marriage and a helper’s claim to priority consideration for the Anganwadi Worker post.
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The High Court examined whether reliance on CA reports, without summoning the scientific experts, affected the fairness of the trial in a case involving allegations of aggravated sexual assault and homicide
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A ‘Police Didi’ Program enabled the victim to approach authorities, supported by her Principal and counsellor.
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“The Superintendent of Police’s proposal and source report showed that the petitioner was still involved in the activities of drug trafficking and there was a live link, however, the record was to the contrary because no FIR was lodged after March 2024 till the passing of detention order.”
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“The wife stated that it would be serious prejudice to her in participating in the trial at the Kollam court centre, which was her workplace, and that the distance from her residence to Punalur, the court to which transfer was ordered, was 50 kilometres, whereas the distance from the husband’s residence to Punalur was only 40 kilometres.”
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“It was open to the petitioner to participate in the proceedings and to prefer an application under Section 16, A&C Act to challenge the existence of the agreement, but it chose to stay away, and such conduct indicated a strategy of taking a chance by relying on purported errors to undermine an adverse award.”
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“The plaintiff was entitled to grant licences for communication to the public and public performance under Section 30, Copyright Act, and since 2014, was issuing licence as the licence-holder of the copyright.”
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Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.
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Covering all the important service law legislative updates and cases across various High Courts and Supreme Court, this roundup provides a quick summary of cases and links to other roundups.
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“Section 22(1), ID Act will apply squarely to the Trade Union and there is no basis for the inference that managerial or supervisory employees of higher ranks or cadres are excluded from the ID Act. The restrictions imposed under Section 22, ID Act are designed to protect the interests of the public and ensure the smooth operation of a Public Utility Service.”
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“Clause 16 of the Government Order uses the term ‘may’ and not ‘shall’, and therefore assistance of a higher authority of the department concerned is not mandatory. Mere irrelevant procedural irregularities would not vitiate the proceedings unless they have an absolute deterrent effect to destroy the prosecution case in toto.”
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“Section 3, Immoral Traffic (Prevention) Act, 1956 deals with the punishment for keeping a brothel or allowing premises to be used as a brothel, and the said provision has no application to the petitioner who is alleged to be merely a customer.”
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“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
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“Because of the order restoring status-quo ante as operating prior to 18 December 2010, the petitioner continued to be an employee of Memon Co-operative Bank Ltd. and was entitled to all the benefits which were available to other employees who were absorbed by Bank of Baroda on amalgamation.”
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“Section 70(3) BNSS states that all summons served through electronic communication under Sections 64 to 71 BNSS shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons.”
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“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”
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“A large number of cases disclosed unjustified delay of nearly three decades in completing land acquisition proceedings even after taking possession of the petitioners’ lands which resulted not only in grave prejudice to the landowners but also in substantial and avoidable financial burden on the public exchequer.”
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“The procedure which the IO needs to follow at the time of arrest is not a mere formality. Its purpose is to inform the accused of the grounds and reason of arrest so that he knows the allegations and can prepare his defence, and to ensure proper legal representation to defend personal liberty.”
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