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The present petition is pending since 2021, and the Court observed that the State Government is not willing to set up State Human Rights Commission in State of Mizoram.
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Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.
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“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
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“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”
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“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
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In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.
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The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.
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‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’
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In 2020, a FIR was registered by the CBI, ACB, Kolkata in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL). Eventually ED issued summons in 2021 to the Appellants seeking their presence and documents pertaining to the matter.
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Petitioner stated that due lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step to redress the grievance of the transgender community.
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The petitioner is seeking right of physical interview in terms of Delhi Prison Rules and must therefore, exercise it in accordance thereof. He cannot, on one hand, seek right to physical interview according to Rule 589 DPR and on the other hand, not abide by the conditions contained therein.
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Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.
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The Commission held that reliance on old CT scan report; invalid consent & unjustified delay in conducting Laparotomy, constituted Medical Negligence and directed the surgeon to pay compensation of Rs. 4 Lakhs.
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The allegations against the accused are that he was allegedly involved in anti-national activities but only a mobile phone was recovered from him containing objectionable photographs of arms and ammunition. There was no other recovery either of firearms or any other incriminating material.
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Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order
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‘The Rights of Persons with Disabilities Act, 2016 does not envisage the CCPD as an adjudicatory body capable of deciding service-related disputes or issuing enforceable orders.’
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“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”
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The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.
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“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.
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‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.
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