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“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”
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Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
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The NGT found deficiencies in the response and reports from authorities, notably the absence of virological testing facilities in local labs, inadequate clarity on the water source, and inconsistent water quality across reports.
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“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
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The Court cannot overlook that a mere affidavit, lacking the force of a formal order, was relied upon to deny fundamental privileges under OCI status. To proceed on such tenuous grounds, without proper procedural fairness, would set a concerning precedent, one that risks eroding the unique rights granted under the Citizenship Act.
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Madras High Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures.
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The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
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The applicant bore sole responsibility for any adverse effects arising from the inability to cross-examine the prosecutrix due to repeated delay tactics.
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The Court directed that the Chief Secretary of the Government of National Capital Territory of Delhi (GNCTD) personally intervene to ensure the timely and effective compliance of the judgment dated 04-07-2024 which required the implementation of an online registration mechanism for marriages solemnized under Muslim personal law.
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“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”
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Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”
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The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
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The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.
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“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”
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The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
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If there is any misuse of power/misappropriation of funds/non-extension of requisite care and protection or support regarding the treatment of the person lying in comatose state, it is open to bring up the matter before this Court to revoke the power.
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The Court has upheld a restraint against Canada’s Jamp Pharma and associated third parties, preventing them from infringing upon Jubilant Generics Limited’s intellectual property rights and unauthorized use of its confidential product dossier reinforcing the importance of respecting cross-border confidentiality agreements in pharmaceutical manufacturing and distribution.
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As per the provisions of Muslim law and the DV Act, the Court opined that the present petitioner being father-in-law of respondent, cannot be compelled to give maintenance to the respondent.
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To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
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The brief closure of Digwal unit or imposition of monetary penalty, in terms of the NGT Order, did not require any disclosure in terms of regulation 30(4)(i) of the LODR Regulations.
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