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“The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not.”
In Anshuman Singh Rathore v. Union of India, 2024 SCC OnLine All 857, U.P. Board of Madarsa Education Act, 2004 was held as unconstitutional for being violative of the principle of secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of the University Grants Commission Act, 1956.
“The grant of a pre-trial injunction against the publication of an article may have severe ramifications on the right to freedom of speech of the author and the public’s right to know.”.
Supreme Court expressed that “The power to transfer investigation must be exercised in exceptional circumstances. Such powers cannot be exercised in the absence of cogent justifications.”
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
“Scrutiny of Judicial Process by Half Truth Knowledgeable is real danger to Rule of Law” — Justice J.B. Pardiwala at ‘2nd Justice
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.
Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.