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The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
The present case is an unfortunate occasion where despite repeatedly knocking the doors of the Courts below, there had been an inordinate delay of nearly two decades in the investigation of a criminal complaint.
The Court held that guardian’s consent does not replace Court’s independent duty to assess whether transaction serves minor’s best interests.
The Supreme Court settled the law but not before cataloguing a striking number of contradictory judgments from the same High Courts, sometimes by benches of equal strength, on the same point of law.
“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
“Despite the passage of time, a large number of allottees have neither received possession nor refund. Even in cases where settlement agreements have been executed, the terms thereof have not been fulfilled.”
To ensure strict compliance with the mandate on non-disclosure of rape victims’ identities, the Court further directed that a copy of this judgment be sent to all High Courts that the proscription in Section 228-A IPC is followed strictly.
‘A requisition is not a voluntary arrangement; it is a command issued under statutory authority.’
“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 law consistently balances caution against undue summoning with the need to ensure that potentially implicated individuals are brought to trial when the record, taken as a whole, reasonably supports it.”
The Arbitral Tribunal was justified in awarding post-award interest, but the rate of interest required modification.
The Court impleaded Union of India through Secretary, Department of Legislation and State of Uttar Pradesh through its Chief Secretary as new party respondent.
“The least that is expected of a State in a democracy is that it honours its obligations and commitments, arising from a legislation or judicial decisions, for such obligations are not discretionary in any way, shape or form.”
“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
The Court stated that POCSO Act is one of the most solemn articulations of justice aimed at protecting the children. Yet, when this legislation is misused, misapplied and used as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion.
“Eliminating dowry is not only a matter of enforcing the DPA 1961 but a constitutional imperative. It fulfils the Republic’s promise that every woman should enter marriage as an equal citizen and not as the bearer of an unjust financial burden”.
The Court further declined to interfere in the bail granted to the persons accused for derailment of Jnaneswari Express on 28-5-2010 stating that the CBI could not bring to notice subsequent development which would justify this interference.
A statement made by a deceased person, regarding the cause of his death or to the circumstances which led to his death, to a Police Officer and recorded under Section 161 CrPC, shall be relevant and admissible under Section 32(1) of the Evidence Act, 1872.