Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.
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“It is very clear that Section 2(g) of the Factories Act, 1934 did not have the words ‘washing, cleaning’ and they have been specifically brought in the Factories Act, 1948 with a clear object of bringing into the fold of the Act undertakings excluded from the scope of the 1934 Act.”
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“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”
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“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”
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“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”
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Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.
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“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.
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The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
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“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”
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The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
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In the instant case a husband was charged for the murder of his wife who died in mysterious circumstances by the Trial Court; however, MP High Court acquitted the husband as it found the child witness to be tutored.
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The Court found that circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
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“When one of the three circumstances was disbelieved and discarded by the High Court, then the chain of circumstantial evidence could not have been held to be complete and proved and on that basis to hold the accused guilty of the offence.”
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“Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring”.
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“It is true that admission to candidates who had not appeared in the NEET examination could not have been given by the College.”
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“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”
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“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.
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“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”
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“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”
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“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”
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