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It is only after the efforts of reconciliation and settlement fails, the videoconferencing can be resorted on the joint application filed by the parties or the memorandum of consent by both the parties, husband and wife, for such videoconferencing, in the discretion of the Court, if the Court considers it appropriate.
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“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”
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The Court reiterated that informing the arrestee about the grounds at the time of arrest and providing a written copy of the same within 24 hours of arrest was sufficient compliance of Article 22(1) of the Constitution.
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Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.
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If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.
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Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.
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“The appellant being an evaluator/examiner, was required to keep his hands off once the evaluation sheet was submitted by him and was not required to indulge in any kind of head-on-collision with the University.”
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The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.
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The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.
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A perusal of Charge-sheet shows that the Applicant and the Complainant were in a relationship for more than one year. However, as per the Complainant eventually the attitude of Petitioner/Complainant changed, and he started ill-treating and blackmailing her.
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“The distorted facts as stated before this Court not only prove to be an attempt to mislead the Court but also an attempt to waste precious time of the Court.”
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“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
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Mere procedural errors or defects, thus, would not render the filing of an application under Section 34 of the Arbitration and Conciliation Act to be treated as a non-est filing. Standalone defects cannot make an application filed under Section 34 of the A&C Act to be declared as non-est but only cumulatively.
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The dignity, autonomy and identity of an individual shall be respected and cannot be violated in any condition. The right to privacy is also recognized as a fundamental right in the International Covenant on Civil and Political Rights. This right is fundamental to protect the inner sphere of the individual.
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“It is true that no case might have been made out for review, and thereby, the time of the Civil Court must have been consumed to decide such an application, but at the same time, the right available to the party cannot be taken away by the Court, as all concerned, including the Court, are governed by the law.”
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Illegal coal mining was being done by coal smugglers destroying the historical Tipam Hills, hence, the Court directed for Continuous monitoring of Tipam Hills for illegal coal mining.
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On a number of occasions, the Court has noted delays in the transmission of Trial Court records to this Court. As a result, preparation of paper books is delayed. This contributes to delay in disposal of appeals.
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The question in the present matter is whether the petitioner/applicant is to be granted custody parole to enable him to attend the Parliament session.
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The petitioner’s exclusion from the definition of ‘recognised resident’ appeared to be done through an ill-informed order with reasons not based on any cogent evidence.
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The petitioner answered the question correctly but was not awarded marks, even though other candidates were awarded marks for the same answer.
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