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The Court clarified that the guidelines issued herein are not intended to be understood as exhaustive or inflexible guidelines to be applied mechanically in every case. The determination of such application was left to the sound discretion of the Court concerned, to be exercised on a case-to-case basis.
The Court held that guardian’s consent does not replace Court’s independent duty to assess whether transaction serves minor’s best interests.
“Jurisdiction especially at the level of the trial courts is a creation of specific statutes and the learned judges must be cognizant, always of the differences in the jurisdiction conferred upon them thereby.”
The object of the Muslim Women (Protection of Rights on Divorce) Act is to secure the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.
The Court explained that when weighing an application on parity, it is ‘position’ of the accused in crime, i.e., his role, that is the clincher.
“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”
The portal is meant to provide a dedicated platform for filing and addressing complaints of sexual harassment of women within the precincts of the Delhi High Court in a safe, secure, and confidential manner.
EBC in collaboration with The Law Forum hosted a discussion on “Commercial Disputes Resolution — Challenges and Strategies.”
Amid ongoing Indo-Pak tensions and in light of Operation Sindoor, the Supreme Court underscored the paramount importance of safeguarding the dignity and morale of women officers serving in the Indian Army.
Earlier, the Court stayed his arrest in two FIRs registered in Maharashtra and Assam, subject to his cooperation in the investigation, while barring him from doing any further shows.
The homebuyers’ case was that almost 70-80% of the loan amounts under subvention schemes were disbursed by the banks to the builders-cum-developers as ‘first tranche’, without due diligence, despite project milestones not having achieved.
Earlier, the Court had permitted him to attend a ‘Fatiha’ ceremony of his father Mukhtar Ansari, who died on 28-03-2024.
Allahabadia and his associates were barred from airing any show on YouTube or any other audio/video visual mode of communication over India’s Got Latent Row.
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
“There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a Member while reviewing the validity of the action taken by the House.”
Recruitments to various posts of Primary School Teachers; Assistant School Teachers; Group C staff; and Group D staff, was questioned before the Calcutta High Court challenging the legitimacy of the procedures followed in the recruitments.
The Court stayed his arrest in two FIRs registered in Maharashtra and Assam, subject to his cooperation in the investigation, while barring him from doing any further shows.
“In the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them.”
Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.
“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”