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“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
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“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.
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“Since the age of two years, the son has been in the exclusive custody of his mother and has had minimal interaction with his father. Now, when he is 16 years of age and has expressed his independent preference of continuing in his mother’s custody.”
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NCDRC remarked that the argument of dissolution of joint venture agreement relieving obligations of one of the opposite parties was misconceived and could not be accepted.
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Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.
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Allahabad High Court said that considering the ongoing strike of lawyers for the last several days, despite positive intervention made by this Court, simply passing over this case would add burden to this Court, and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day.
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The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.
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“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”
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Considering this petition challenging appointment of the private respondents as Secretaries with Cabinet Rank, Court was of the view that the respondents were appointed to assist the Chief Minister and they are not functioning as the Ministers in the literal sense.
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“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”
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The Sabhapati (Chairperson) of the Panchayat Sthayee Samity is in custody due to a false criminal case and 6 other members are named in an FIR and are currently evading arrest.
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“The letters and the scratch cards, etc., are so convincing that any customer or recipient will be unable to distinguish between the plaintiffs’ communications and those of the said entity or person.”
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“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.
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Kerala High Court cautiously expressed that “Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all mobile phones, there will be far reaching consequences.”
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Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.
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Supreme Court had previously directed states to ensure a minimum compensation of Rs. 3 lakhs for acid attack victims. However, the Calcutta High Court acknowledged the need for higher compensation due to the severe physical, economic, social, and psychological ramifications.
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Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
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“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”
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Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
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“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”
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