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The Court further restored the case of the file of the High Court for fresh decision in accordance with law as neither the High Court nor the Trial Court has enlisted the entire evidence available on record; therefore, it was difficult for the Court to take a decision with precision.
Supreme Court upheld the Kerala HC decision that political parties are not legally obligated to establish an Internal Complaints Committee under the POSH Act, because there is no employer-employee relationship among the members of political parties, and they do not meet the criteria of a “workplace” as defined under the Act.
Supreme Court held that a State has no locus standi to challenge a Will of a private citizen by claiming to be a person interested in the estate of the deceased due to the action taken under Escheats Act.
Where two views were possible, the one favourable to the accused had to be adopted. In the instant case, the prosecution failed to prove motive, the ‘last seen theory’ stood contradicted, and the scientific evidence was marred by inconsistencies and loopholes. In such circumstances, it was held wholly unsafe to uphold the conviction, much less the extreme penalty of death.
The Supreme Court of India has barred photography and videography inside its High Security Zone, empowering security personnel to restrict violators and directing disciplinary action against advocates, litigants, interns, media personnel, and staff found breaching the new guidelines.
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
The practice of delay in uploading the reasoned judgment deprived the aggrieved party of the opportunity to seek further judicial redressal, particularly in criminal matters wherein the appeal was dismissed affirming the judgment and order of conviction passed by the Trial Court.
Supreme Court reaffirmed that none of the DISCOMs, including GRIDCO could claim priority for power supply based on the date of their agreements or based on any specific coal allocation reference. The principle to be followed was that coal supply must be proportionately allocated among the DISCOMs based on the quantum of energy supplied to them.
Supreme Court allowed Aadhaar as the 12th identity document for SIR Bihar, clarifying it can prove identity but not citizenship.
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
Witness Protection Scheme is a remedial and curative measure, designed to neutralise the effects of threats once they have materialised. Bail cancellation, on the other hand, is a preventive and supervisory function of the criminal court, whose duty is to ensure that the trial proceeds unpolluted by intimidation.
“In the normal course, we would not have entertained the petition of this nature, but the petitioner is seeking implementation of a relief that he has already got by invoking a remedy under Article 226”
CJI BR Gavai’s lecture eloquently reaffirmed that human dignity lies at the heart of India’s constitutional vision. Through an insightful examination of historical foundations and contemporary judicial interpretations, he demonstrated how dignity continues to guide legal reasoning and public policy in the 21st century.
Covering all the important family law cases across various High Courts and the Supreme Court as well as the legislative updates, this roundup provides a quick summary of cases, latest legal updates in criminal law and links to other roundups.
Catch up with the important Service Law cases across various High Courts and the Supreme Court as well as the legislative updates.
“Across the country there are about 1100 sanctioned posts of High Court Judges, out of which nearly 670 are occupied by men and only 103 by women.”
“This Court is repeatedly confronted with similar matters wherein proceedings are kept pending in the High Court for more than three months, in some cases for more than six months or years wherein judgments are not delivered after hearing the matter.”
“The SIT shall be assisted fully by the Central Zoo Authority, the CITES Management Authority, the Ministry of Environment, Forest and Climate Change, and the State of Gujarat, including its Forest and Police Departments. All private persons and entities, including Vantara, shall also extend full co-operation.”
by Arush Khanna* and Akarsh Pandey**
This matter pertains to the degree of ‘substantial compliance’ with the prescribed Form 25 affidavit, as encapsulated in the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 read with Rule 94-A of the Conduct of Elections Rules, 1961.