Bringing you the Best Analytical Legal News
“Addressing the apprehension of auction sale of an arrested vessel, the Bombay High Court held that in view of the earlier auction process having failed due to technical reasons and the petitioner having made out a strong prima facie case, no auction of the vessel would be permissible at this stage.”
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Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
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Kerala High Court, exercising habeas corpus jurisdiction, intervened in a custody dispute involving unlawful removal of a minor child in violation of a Family Court decree, and ultimately directed restoration of custody to the mother, emphasising that such decrees cannot be circumvented except through due process of law.
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The Kerala High Court upheld Section 104(1-A) of the Industrial Relations Code as a valid transitory provision, holding that allowing existing Labour Tribunals to continue until new bodies are constituted is neither manifestly arbitrary nor unconstitutional.
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The plaintiff had placed on record the necessary permissions and had established a prima facie entitlement to protection, balance of convenience and irreparable loss. Therefore, in case the ad interim injunction was not implemented in its letter and spirit, then the very purpose of passing such an order would be defeated.
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Noting that nine years of complete inaction, with only vague references to settlement talks, constituted an implied abandonment terminating the proceedings under Section 32(2)(c), the Bombay High Court dismissed the application for substitution.
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The High Court held that constitutional guarantees under Article 21 cannot be defeated by the gravity of allegations under the UAPA, and that the mandate of day-to-day trial under Section 19 of the NIA Act reflects a legislative intent that serious prosecutions cannot be allowed to linger indefinitely.
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“Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the High Court while exercising its inherent power can proceed to quash the proceedings.”
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“Relying on earlier precedent, the High Court directed authorities to process the marriage immediately after the statutory notice period.”
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“Where a ruling by a Single Judge has held the field for a significant duration without being disturbed or reversed, it attains the character of a settled position of law and should not ordinarily be unsettled, as doing so would undermine judicial stability, unless the decision is demonstrably per incuriam or palpably erroneous.”
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“The Court’s role is to understand the purpose of law in society and to assist the law in achieving its intended purpose. An interpretation which reduces the subordinate legislation to a futility should be avoided, and a view that the rule making authority made the rule only for the purpose of bringing about an effective result should be adopted.”
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“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”
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Covering all the important human and civil rights cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in human and civil rights and links to other roundups.
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“As per Section 87, RP Act, any provision of CPC that is inconsistent with Section 82, RP Act, which specifies the persons to be impleaded in an election petition, cannot be invoked to implead a person who is otherwise not liable to be joined as a respondent under Section 82, RP Act.”
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The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
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“Since there were contrary claims raised by the parties, unless the respondents established their title through competent civil court, they were not entitled to pass the eviction order exercising the powers conferred under the 1971 Act, which was summary in nature, thereby rendering the same without jurisdiction.”
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It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
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The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
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“The husband’s girlfriend was neither related to him by blood, marriage or adoption, nor was she residing in the matrimonial home or subjected the wife to harassment or intimidation. The continuation of the criminal proceedings in the case would amount to abuse of the process of law and defeat the ends of justice.”
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“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
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