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The Punjab and Haryana High Court commented that victim's silence for such a long time would dent her credibility, and such a dent would not justify any further pre-trial incarceration. Thus, the Court allowed bail application, subject to certain conditions.
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When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act
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The Delhi High Court held that adjudication of an avoidance application was independent of the resolution of the corporate debtor and could survive Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional would not be functus officio with respect to adjudication of avoidance application.
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Imposing a prohibitory ban on merchant establishments and establishments that provide livelihood is contrary to the enshrined principles under Article 21.
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The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.
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Bombay High Court found the petitioners entitled to grant of additional increment to District Awardee Teachers in terms of the Government Circular. The Court held that delay in Divisional Commissioner’s approval to their selection cannot disentitle them from getting such additional increment.
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The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.
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Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.
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The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration, lost friendship and company and suffered studies . Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Considering the overall facts and circumstances, the Court granted them compensation of Rs. 10.00 lakhs each.
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Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.
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Kerala High Court heldthat only the vehicle used in carrying any narcotic drugs or psychotropic substances can be confiscated under Narcotic Drugs and Psychotropic Substances Act, 1985.
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The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
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The Court however, noted that neither the copies of the application for withdrawal of resignations nor the order of the Speaker refusing to accept the resignation were placed on record. In addition, the respondents did not even clarify as to what ought to be the fair and reasonable time for taking decision when such resignations are tendered.
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Bombay High Court upheld the petitioner's right to choose termination of pregnancy. ‘The Court considers this petition as an appeal not only to the judicial mind, but to the moral conscience that must accompany it.'
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The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person
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The Delhi High Court quashed the FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate and the Court observed that the law interns who were merely students should be counselled, properly informed, and instructed instead of registering FIRs against them.
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The Court said that the National Highways Authority and the Concessionaire are bound to device ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect.
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Allahabad High Court adjourned the tax writ of Paytm’s parent company, will decide the issue that whether the supply of mobile recharge coupons and DTH recharge vouchers to recipients, who are in other States, would be interstate supply or intra-state supply.
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NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.
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Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one
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