Bringing you the Best Analytical Legal News
“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”
The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.
A quick legal roundup to cover important stories from all High Courts this week.
The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
A quick legal roundup to cover important stories from all High Courts this week.
FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.
“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”
“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”
Justice Sanjaya Kumar Mishra was elevated as the Chief Justice of the Jharkhand High Court in February 2023 and had made it emphatically clear that his priority will be to impart justice to the poor and downtrodden while expediting old cases.
“The Court passed the order during the hearing held on 20-12-2023.”
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.
Justice Vipin Sanghi, a third-generation lawyer, with a legal career spanning over 3 decades, retires on 26-10-2023 after an extensive tenure of 17 years as a Judge, which also includes his tenure as the 12th Chief Justice of Uttaranchal High Court.
“The direction shall be regularly, punctually, and strictly followed without fail and the District Magistrate, Nainital and Police Authorities shall ensure strict compliance.”
“A candidate should be medically fit in the manner that he/she must be in a good physical and mental health, free from any disease/syndrome/disability likely to interfere with the efficient performance, etc., but there should also be no evidence of any congenital deformities.
“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They do not actually play sporting games which involve physical activity but become good at playing virtual sports.”
“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”
“The District Magistrate concerned is to ensure that sufficient police force is deployed at barrier to prevent forced unauthorized entry into Yatra Route by unregistered handlers, along with their unregistered Equines and any other routes, which are not barricaded, should be blocked to prevent unauthorized entry.”
“District Magistrates might join the proceedings virtually, whereas the Secretary, Animal Husbandry and the Chairperson of the Executive Committee of the State Animal Welfare Board should personally remain present in Court, to assist the Court.
A quick legal roundup to cover important stories from all High Courts this week.