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Bombay High Court pointed out the personal interaction with the victim and her statements confirmed consensual relationship with the accused, but the rigors of POCSO Act did not permit quashing of proceedings because any kind of sexual indulgence with a minor fell within the ambit of Sections 4 and 6 of POCSO Act.
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Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.
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“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”
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The present case is an example where substantial liability has sought to be fastened on one of the contracting parties based on specious paper calculations. It cannot be overemphasized that arbitral tribunals must exercise due care and caution while dealing with such claims.
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The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.
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“The members of the club are seen both as contributors and participators. The club and its members are seen as one person. Usually a member has to pay to avail of the services and facilities provided by the club.”
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While hearing a petition wherein sons of an aged mother expressed their inability to pay monthly maintenance to their mother, the Court grimly observed that number of youngsters who are unwilling to look after their aged parents, is sadly increasing.
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The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.
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“The Court is surprised to note that even after the declaration of the results, the State is not able to control the violence, which has erupted in several places.”
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“Private unaided schools are also amenable to Writ Jurisdiction as they carry out public function discharged by the State under Article 12 of the Constitution.“
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Delhi High Court observed that when assessed, by the maxim generalia specialibus non derogant or by the maxim lex posterior derogat priori, the Patents Act must prevail over the Competition Act on the issue of exercise of rights by a patentee under the Patents Act.
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The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.
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The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
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If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.
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“It is the duty of the State Government and its department to provide opportunity to its employees especially a female employee to be given benefit of higher education by sending her for further training.”
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“It is intriguing as to why a reputed company such as the defendant company, Wipro Enterprises would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trade mark as that of the plaintiffs, Himalaya Wellness Co.”
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The Court also expressed its concern about the same excuse of rain being given by the State to justify the poor conditions of some of the roads, despite it being well known that Meghalaya is one of the wettest places in the world.
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A person who has chosen violence and does not have any value of human life has no right to plead that the State should take special measures to protect his life from his rivals. The perception of threats, if any faced by such a person, is of his own making for which the State cannot come forward to provide him with security.
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“If an order of the nature is declined that would have the impact of bastardising the minor girl child among the public.”
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Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.
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