Bringing you the Best Analytical Legal News
The Collegium recommended the names considering the judicial track record of the Judges vis-à-vis disposal of cases and their competency, character and integrity.
A quick legal roundup to cover important stories from all High Courts this week.
The Court considered the question that whether the election of a contestant for the post of Sarpanch, Nakhara Gram Panchayat was void as he has more than two children?
“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”
Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.
The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.
“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.
“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.
“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
“Continuance of the criminal proceedings against the accused without any acceptable evidence would be a travesty of justice and an abuse of the process of the Court”.
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
“If the documents/ score card given by the candidate, downloaded from the website of the NTA, were genuine, then the candidate should get admission into his choicest institution of the country, like IIT or NIT. But, if the documents are found to be not genuine, then CBI should ascertain how the same was obtained by the candidate, so that such mistake cannot be made by the authorities in future.”
“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
Mere inclusion of the name in the select list does not confer any right to claim for appointment.
The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.
The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.
When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused
Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.