Bringing you the Best Analytical Legal News
“The offence of “child abuse” cannot be attracted to every trivial or isolated incident involving a child, but must necessarily co-relate with acts involving cruelty, exploitation, deliberate ill-treatment, or conduct intended to cause harm”.
“Incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence”.
The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.
Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.
The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.
“Mental health is an integral component of the right to life under Article 21 of the Constitution which has been upheld by the Court time and again.”
“Grant of bail to the person accused of such grave offences without assigning reasons shakes the conscience of the Court and would have an adverse impact on the society”.
Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery and institutional bias, the Court directed the transfer of investigation to the CBI.
The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
The modern architectural techniques have progressed by leaps and bounds, the new construction materials and techniques can be employed to construct a verandah in front of Court Room No. 1 exactly identical to the one which is existing in front of Court Room Nos. 2 to 9 without disturbing the aesthetic value of the main structure and without requiring any kind of modification/alteration in the main structure.
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
“It is a well-established principle of criminal jurisprudence that conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt.”
The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.
The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.
The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
Supreme Court found the Industrial Tribunal justified in giving an award on a reference by the Central Government, and the Tribunal’s findings as unassailable.