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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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“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
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“If any person or entity mis-describes the work as an original work, when it is actually not and is a copy of another work, such registration will be a registration wrongly remaining on the Register of Copyrights.”
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The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.
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“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
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“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
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Calcutta High Court restored the Complaint Case and set aside the acquittal of accused in cheque bounce case under Section 256 of the CrPC.
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“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
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In the words of Diplock LJ in Council of Civil Service Unions v Minister for the Civil Service, [1984] 3 WLR 1174, the Wednesbury principle, formulated by Lord Greene, is whether the decision is so outrageous in its defiance of law or logic that it cannot possibly be sustained.
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“It would not be out of place to mention that this Court can even turn the clock back, if the situation warrants such dire measures.” said the Supreme Court while deciding instant matter after elections were already conducted.
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Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.
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“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”
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The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
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“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”
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Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.
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