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The petitioner sought Court’s permission for the construction of a depot at Kasheli for Mumbai Metro Line 5 along with Extra High Voltage towers and transmission lines for power supply which involved cutting mangroves and mangrove buffer zones.
Procedural fairness includes the right of parties to choose their mode of hearing, especially when both physical and virtual modalities are feasible. Tribunals must not only be accessible in form, but also in substance.
“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.
“A legal right accrued to a party to get a document registered as per the provisions of the Registration Act cannot stand defeated when reasons which exists are beyond the control of the party presenting the document for registration.”
“The right to abortion is a concomitant right of dignity, autonomy and reproductive choice which is guaranteed under Article 21 of the Constitution and the decision to terminate pregnancy is deeply personal for any person”.
“There was nothing on record to indicate that the petitioner’s mother suffered any humiliation, which was manifested onto him. He did not suffer any handicap and did have an advantageous start in life”.
Instigation or incitement on the part of the accused person was the gravamen of the offence of abetment to suicide but a mere allegation or accusation of harassment made by the deceased prior to his death, cannot be held as the fulcrum of an offence under Section 306 IPC.
A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.
“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.
Crimes affect entire society and thus the legitimate interest of the society in the investigation cannot be easily brushed aside. It is important to strengthen the faith and confidence of the people in law enforcing agency and this institution, lest the faith of the people in administration of justice stands shaken.
Respondent 3-Deputy Collector (General), Mumbai, disposed of the petitioner’s application holding that she is a stateless national and has given incorrect details regarding the validity of her visa.
The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.
The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.
The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside
The accused was in custody for the past 5 years, and the prosecution intended to examine almost 417 witnesses, while only 4 witnesses were examined by then.