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“The power under Section 14 of SARFAESI Act has significant consequences, which is why it is entrusted to high-ranking officials like the District Magistrate or Chief Judicial Magistrate.”
“We are at a loss to understand why the prosecution and the Trial Court had forgone the primary evidence available and have made attempts to rely upon secondary evidence and that too, without proper certification.”
Recognising the right to privacy as one of the fundamental rights of an individual, the Court noted that a complainant raising such grievances is entitled to ensure that her identity and whereabouts are kept anonymised from the public domain.
“Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers’ community because they are the backbone of our future generation.”
The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.
“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”
“There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people.”
A quick legal roundup to cover important stories from all High Courts this week.
“In tribal communities, practice of child marriages remains deeply ingrained, driven by tradition, poverty, and a lack of legal oversight. Ending child marriage requires legal and social intervention”
A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.
Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.
On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.
Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.
The Army Welfare Housing Organisation (‘AWHO’) will pay the owners of Tower B and C, who were residing as of 29-03-2024, Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”
An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.
“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”
In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
“Everybody should be vigilant while making comments about others, whether they are men or women.”