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“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”
“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”
“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”
“If the Investigating Agency decides not to prefer the appeal against acquitted person, then a person who has interest in the case, which primarily involves misconduct of a public servant who happened to be an elected member in the democratic process, in which, that person is a voter, have a say, and he cannot be deprived of the advantage of perusing the records and arrive at a conclusion.”
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”
“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”
“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”
Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption
Madras High Court concluded that without any experimental data to compare the costs of using filtrate material, which requires frequent changing, vis-a-vis using an external reagent, the economic significance of the claimed invention cannot be established. Thus, the claimed invention lacks an inventive step under Section 2(1)(ja) of the Patents Act.
“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.
Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.
“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”
As per the petitioner, the society is an autonomous body and is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.
Madras High Court viewed that the Union must confirm that the process has been commenced with a clean slate to receive suggestions and objections regarding the proposal to ban the import of ferocious dogs.
A quick legal roundup to cover important stories from all High Courts this week.
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
“The function of the Bar Council is to ensure that the livelihood of these lawyers is protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”
“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
“Though the Act does not ban donation of kidney in favour of a person who is not a near relative and the only restriction is that transplantation can be done only after prior approval by the State Authorisation Committee, yet the transplant surgeons are hesitant to carry out kidney transplants between unrelated persons.”