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“The inalienable rights of the infant child supersede all the attending adverse circumstances alleged against the biological parents of the baby. Notwithstanding the pendency of the criminal proceeding, the petitioners were entitled to claim custody of the infant being biological parents under the ‘tender years doctrine’.”
The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.
Justice Chakradhari Sharan Singh, who is retiring on 19-1-2025, was recommended as Chief Justice of Orissa High Court on 02-11-2023 and took charge of office on 07-02-2024.
Justice Sinha will perform the duties of the office of the Chief Justice of that High Court with effect from 20-01-2025 consequent upon retirement of Justice Chakradhari Sharan Singh.
A quick legal roundup to cover important stories from all High Courts this week.
The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.
“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”
The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.
The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.
Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.
“Once the loan was resolved, there was no legal reason for the Bank to withhold the return of the title deed, regardless of the pending litigation. Therefore, the refusal to return the document is unjustifiable.”
“In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion lingering on mind might take the place of proof and therefore, the Court has to be watchful and ensure that such thing should not take place.”
In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.
A quick legal roundup to cover important stories from all High Courts this week.
“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
Section 2(h)-“Motor Vehicle” means a Motor Vehicle as defined in Clause 28 of Section 2 of the Motor Vehicles Act, 1988; [excluding any tractor, earth mover, excavator, bulldozer or road-roller].