Bringing you the Best Analytical Legal News
The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.
Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.
“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”
The case is of a married couple who conceived for a third time and due to financial and emotional reasons cannot raise the child. The woman sought the court’s intervention for abortion, as her pregnancy had crossed the legally permissible limit of 24 weeks for abortions under the MTP Act
“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”
“Bar Council of India is directed to examine the representation of the petitioner after taking note of the Supreme Court’s observations in the case of Bar Council of India v. Bonnie Foi Law College.”
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.
The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.
Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.
by Sanjay Vashishtha† and Abhay Pratap††
Cite as: 2023 SCC OnLine Blog Exp 75
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Since the decision in Sita Soren, decided by the Jharkhand High Court, was appealed against, the Supreme Court constituted a 7-Judge Constitution Bench.