Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”
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‘Manufacture’ is an inclusive term and includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution.
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The victim-wife and the accused-husband married each other as per Sikh rites and ceremonies against the wishes of her family. The wife accused the husband of rape and also alleged that the marriage was solemnised forcibly by the accused.
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“Merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented”.
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While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.
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“Legislative intent behind inserting the proviso to Section 31(4) of the IBC would suggest that prior approval of the CCI was specifically mandated and it should not be seen as a flexible provision to be ignored in certain exigencies.”
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“No effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now. Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws.”
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“Each citizen of this country carries with him or her, one single domicile which is the ‘Domicile of India’. The concept of regional or provincial domicile is alien to the Indian legal system.”
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“It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime.”
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The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.
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“Section 37 of the 1996 Act grants narrower scope to the appellate court to review the findings in an arbitral award if it has been upheld or substantially upheld under Section 34.”
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An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.
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Supreme Court set aside the High Court’s decision quashing the private complaint and concluding that the alleged offences under Sections 193, 199 and 200 of the IPC were such, on which the complaint could have only been filed by the Court following the route under Section 195 read with Section 340 of the CrPC.
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“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.
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Given the lack of consensus between the Judges, the Court exercising its power under Article 142 directed the appellant to perform the funeral rites and bury his deceased father at the burial ground at another village.
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On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.
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The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.
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“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”
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Tahir Hussain, who was formerly a member of Aam Aadmi Party, has been in custody in connection with 2020 Delhi Riots cases, murder and offences under PMLA.
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The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.
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