Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
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“The employees fall within the exclusionary clause of Section 2(e) of the PG Act. The result of such exclusion is that Sections 5 and 14 are not attracted in deciding on the applicability of the PG Act to the employees of HWP”
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“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”
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“The damages cannot be awarded merely on presumptions or whims and fancies of the complainant. To make out a case for award of dam ages, especially when the claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led.”
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In the present case, the appellant is accused of assaulting the informant’s family and firing shots. The police recovered cartridges and bullets at the scene. The appellant submits that he has been falsely implicated. However, his anticipatory bail was rejected, leading to this petition.
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The Court “direct the Ministry of Education, Union of India to extend all necessary administrative support, more particularly the infrastructure & data access.”
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The Court acknowledged the “extensive work undertaken by Ms. Nithya Rajshekhar with regard to the transgender rights” and found it appropriate that she continue as a member of the Advisory Committee notwithstanding her change in institutional affiliation.
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“The rule of law constitutes the foundation of a well-governed society, and the shadow of bias or mala fides in the exercise of power concerning public 33 functions strikes at the very root of a regulated social order.”
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An arrest by a police officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and, therefore, shall not be termed as mandatory.
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“The least that is expected of a State in a democracy is that it honours its obligations and commitments, arising from a legislation or judicial decisions, for such obligations are not discretionary in any way, shape or form.”
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“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”
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The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.
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“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
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“This is a long drawn legal battle between brother and sisters. Although in the past the parties did try to reach to an amicable settlement, yet we are informed that the settlement failed.”
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The NGT is empowered to quantify environmental compensation on the basis of project cost or scale of operations in order to enforce the polluter pays principle where construction is carried out in violation of environmental laws.
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“Every medical practitioner owes to his patient a duty to exercise a reasonable degree of care, skill, and knowledge expected of a prudent practitioner in the same field.”
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The Supreme Court also directed that such Menstrual Hygiene Management (MHM) corners must be established in every school, and they should be equipped with spare innerwear, spare uniforms, disposable bags, and other necessary materials to address menstruation related exigencies.
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A litigant cannot be placed in a worse position merely for having approached the court.
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“Upon a prima facie consideration, it appears to us that some of the provisions of the Impugned Regulations suffer from certain ambiguities, and the possibility of their misuse cannot be ruled out.”
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“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
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