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“In the absence of any specific law enabling the acquisition of property belonging to a minority educational institution, it was not possible for the State to acquire the Venkateswara School’s land.”
The Collegium recommended appointing 6 Permanent Judges for Bombay High Court and 3 Permanent Judges for Kerala High Court.
“Merely because the power of appointment and removal was delegated to the Administrator, he could not be held as the competent authority to remove the accused, who was appointed prior to the delegation by the President”
“On 16-04-2022, 5 accused persons came on three two-wheelers, and inflicted grievous injuries on Sreenivasan and killed him by hacking his head and other parts of his body with choppers.”
“The State Government shall forthwith issue an Office Memorandum highlighting the clarifications noted above for the purpose of informing all the stakeholders of the contents of this order.”
“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”
“Financial irregularities could be brought to a stop, and systematic loss of income out of Devaswom assets and properties could only be prevented by adopting sound accounting practices, a prerequisite of which was computerisation.”
“As petitioner 1 and the husband of petitioner 2 have been working together, there is sufficient chance that their families are in friendship. Whether the families are interacting even now physically, is no ground to disbelieve the element of altruism.”
“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”
“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”
The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.
“To attract the offence under Section 2 of the Prevention of Insults to National Honour Act, 1971, a person should burn, mutilate, deface, defile, disfigure, destroy, trample upon or otherwise show disrespect to or bring into contempt, the Indian National Flag or the Constitution of India or any part thereof, in any public place or in any other place within public view.”
“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”
“A purposive interpretation should be given to the word ‘children’ defined under the Senior Citizens Act, 2007, especially when the definition of ‘children’ starts with the word ‘includes’ son, daughter, etc., and therefore, a petition under the provisions of the Act would lie against the daughter-in-law also.”
“In our country governed by rule of law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. Whether such an avocation or business is to be permitted or not, is for the competent authorities under the State to decide.”
“A life convict is entitled to parole only in extraordinary situations, and that also as per the law in force.”
The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides.
“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”
“When a change in the name of a company takes place and the same gets registered in the register of the companies, there is no substantial change in the constitution of the entity and it shall not affect any rights and obligations of the company or render defective any legal proceedings by or against it.”
“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”