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“When the institution of the judiciary and this Court was put on trial, it became the duty of this Court, at that moment, to stand up for itself and the institution”
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The Supreme Court held that a digitally signed order is the final and binding order of the Court and that corrections or refinements to a dictated draft before signing are permissible so long as they do not materially alter the judgment.
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Allahabad High Court: In a habeas corpus writ petition filed by mother seeking custody of a 21-month-old minor child,
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In the case at hand, the Punjab Pollution Control Board raided a company at the time when its Chairman Emeritus switched political allegiance from AAP to BJP.
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The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
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The Court stated that although it would have been appropriate for the State to proactively coordinate and ensure that its instrumentalities discharge their respective obligations, the failure to do so does not give any right to the Special Area Development Authority (SADA) and Jal Nigam to shed their responsibilities and deny the residents their basic entitlement.
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Court cites violation of speedy trial rights under Article 21, hostile witnesses, and prolonged delay in concluding prosecution evidence as reasons for granting bail
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Delhi High Court held that a second wife cannot seek impleadment in maintenance proceedings under Section 125 CrPC between the husband, first wife, and children, observing that such proceedings are limited in scope and impleadment would unnecessarily widen the lis.
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At the same time, the Court stated that mere transportation of an accused from a police station to the Court for production before the Magistrate, even if done on foot, under unavoidable circumstances, would not ipso facto constitute a violation of fundamental rights, unless it is shown that such an act was done deliberately to humiliate or with mala fide intention.
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Supreme Court observed that the word “may” in Regulation 10, 1976 Regulations, from any standpoint, is directory and construing it as mandatory would remove the discretion available to the employer in dynamic circumstances.
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“Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the High Court while exercising its inherent power can proceed to quash the proceedings.”
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“The ability to understand and be understood in one’s own language is not a matter of convenience, but a matter of existential rights, for comprehension must necessarily precede meaningful participation in the society and day to day life activities.”
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“The cryptic judgment of the Tribunal appears to be perverse and requires a thorough and elaborate discussion by dealing with the documentary evidence submitted by the petitioner.”
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The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
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“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”
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The Court stated that this dialogue became very popular because it was the perception of a common man, but the reason for it, of course, was not the judicial officers alone, but the State and its police, as a judicial officer can’t decide the cases without sufficient staff and police cooperation.
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“Relying on earlier precedent, the High Court directed authorities to process the marriage immediately after the statutory notice period.”
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“The Court wields considerable authority, yet the true essence of judicial magnanimity lies in restraint. Measured reprimand and corrective guidance remain the wiser course over sheer penal consequence.”
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“If individuals entrusted with enforcing the law themselves secure entry into service through deception and fabricated credentials, it would seriously erode the Rule of Law.”
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“Cheque number is the most essential part of the demand notice filed under Section 138 NI Act for insufficient funds. Without it, notice falls short of legal requirement.”
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