Bringing you the Best Analytical Legal News
Bombay High Court suggested State to seek extension for the entry of Maharashtra Women Diving Team since fresh trials were soon to be conducted.
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“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”
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“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”
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The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.
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“The Court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice.”
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“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”
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“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”
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“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
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A quick legal roundup to cover important stories from all High Courts this week.
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“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”
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Sanjay Roy was the prime accused in RG Kar Rape Case, wherein the 31-year-old PG doctor was murdered and raped inside the hospital premises.
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“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”
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On 14-01-2025, the Indian Council of Arbitration (‘ICA’) launched its Rules of Commercial Mediation in a symposium titled ‘Mediation: A Critical Tool for Commercial Dispute Resolution’.
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Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.
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“Everybody should be vigilant while making comments about others, whether they are men or women.”
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The One-Man Committee constituted to study the new criminal laws and make recommendations is chaired by Retired Justice M. Sathyanarayanan.
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Justice Upadhyaya was elevated as the Chief Justice of Bombay High Court on 29-07-2023. On 07-01-2025, the Supreme Court collegium recommended to transfer him as Chief Justice of Delhi High Court.
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“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”
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“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”
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The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.
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