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Justice Hima Kohli was the first woman Chief Justice of the High Court for the State of Telangana and is currently serving as a Judge of the Supreme Court of India. She was the ninth woman to be elevated to the Supreme Court of India.
“Irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality. The judge’s role is to objectively interpret and apply the law, free from any form of gender bias or predisposition.”
“The Central Public Sector Enterprises are entrusted to work efficiently and generate profits for the government. For the same, the Public Enterprises Selection Board needs to appoint better qualified candidates to run and oversee the operations of the said entities.”
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
“A prisoner’s basic constitutional rights persist, even behind bars. Therefore, any measures restricting an individual’s freedom must not infringe upon their inherent dignity and rights.”
“The parties seeking divorce by mutual consent shall not be compelled to furnish or withdraw their consent for a decree of dissolution of marriage since the key and chief component for such a decree is free and unblemished consent.”
“With effect from September 2023, in the theatrical depiction of the film “Jailer”, the RCB team jersey shall stand edited/altered. Sun Pictures shall ensure that after 01-09-2023, none of the theatres will exhibit the RCB jersey in any form whatsoever. Insofar as television, satellite or any OTT platform is concerned, prior to the release thereof, the altered version of the film shall be broadcasted/telecasted.”
A party cannot simply raise an objection on the ground of patent illegality if the Award is against them. Patent illegality requires a distinct transgression of law, the clear lack of which makes the petition a pointless effort of objection towards an Award passed by a competent Arbitral Tribunal.
Section 34 of the Arbitration Act is a clear and unequivocal embodiment of the Legislature‘s intent to balance the competing facets of arbitration, I.e., on one hand, while courts are enjoined to follow the minimalist intervention route, it would clearly be a travesty of justice if they were to fail to intervene where circumstances warrant, and demand corrective measures being adopted.
“No citizen in this country should feel that due to his physical or mental disability, justice is not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system.”
“Accuracy and reliability of an Artificial Intelligence (‘AI') generated data is still in the grey area. At best the tool could be utilized for a preliminary understanding or for preliminary research and nothing more.”
“The Director of Shakti Shalini Shelter Home is directed to provide counselling session to the missing person. It is further directed that parents of missing person shall also be counselled to prepare them to accept their child’s wishes.”
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”
A quick legal roundup to cover important stories from all High Courts this week.
“ It is ironic that the petitioner being appointed with the Juvenile Justice Board, is hired to protect the interest and welfare of the children who may be suffering at the hands of criminal justice system, however, is not able to secure the benefits that are necessary for the best interest and welfare of her own child.”
“District Court, Karnal where the first petition was filed pertaining to the Agreement in question alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the Licence Agreement. No other Court can entertain any subsequent application.
“This Court opines that the present writ petition raises serious constitutional and administrative issues and requests the Attorney General for India to assist this Court as amicus curiae on the next date of hearing.”
“The appellant's mark ‘DATAPAQ' has been registered in a large number of countries and the appellant has a number of marks ending with ‘PAQ '. Thus, the mark is consistent with the series of marks being used by the appellant.”
“The interest awarded for that period could not have been subjected to a further levy of interest running through the period during which proceedings remained pending before the tribunal.”