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‘Sperm sample constitutes a ‘property’ or an ‘estate’ of an individual, as it can be used for the purposes of procreation, for providing fertility to an infertile person, or for donating to enable a woman to conceive.’
In September 2024, the Supreme Court and various High Courts engaged in significant discussions on criminal law, focusing on critical issues such as Kolkata Rape and Murder Case; Delhi excise liquor policy scam; Cash-for-job scam. Key rulings emphasized the balance between individual rights and public interest. Overall, these discussions reflect a dynamic legal landscape committed to upholding justice amid evolving challenges.
A quick legal roundup to cover important stories from all High Courts this week.
‘Civic agencies should carry out a year-long public awareness campaign to inform people how their feeding does not benefit the monkeys but only harms them by increasing their dependence on humans.’
The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.
‘The legal notice alleged that the Court had passed directions in its previous order on the basis of presumptions which, the Court said, amounts to making of contemptuous remarks against the High Court and the entire institution.’
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.
DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.
The Supreme Court Collegium on 11-7-2024 recommended the name of Justice Manmohan as the next Chief Justice of the High Court of Delhi and the recommendation was confirmed on 21-9-2024.
While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.
The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.
‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’
‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’
Justice Rajiv Shakdher’s elevation was recommended by the Collegium on 11-7-2024 and his appointment was finally confirmed by the Law Ministry on 21-9-2024.
In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.
‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’
by Vasanth Rajasekaran* and Harshvardhan Korada**