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Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.
A quick legal roundup to cover important stories from all High Courts this week.
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.
The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as “consideration of marriage”.
The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.
The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.
Justice Chakradhari Sharan Singh was recommended as new Chief Justice of Orissa High Court on 02-11-2023 and took charge of his new office on 07-02-2024.
Earlier the Collegium proposed to transfer Justice Chandel to Madras High Court, but upon appreciating his difficulty, the Collegium partially acceded to his request and recommended to transfer him to Patna High Court.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on alienation of property under Hindu Law.
“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”
“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”
“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”
“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”
“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
The exception for trivial errors or omissions is based on the reason that ‘law does not concern itself with trifles’, based on the legal maxim- ‘De minimis non curat lex’.
“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”
“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”