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The petitioners’ case was that since the allegations of recruitment scam turned out to be misfounded and petitioners were acquitted of the same, hence, they deserved to be appointed.
“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”
A quick legal roundup to cover important stories from all High Courts this week.
“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.
The 1992 and 1993 riots in Bombay were triggered by the demolition of Babri Masjid and led to unfortunate 900 death, 168 persons missing and about 2036 suffered injuries.
“The rationale behind such stringent timelines is rooted in the principles of finality and efficiency, which are paramount in arbitration. The limitation period serves as a deterrent against undue delays and encourages parties to act promptly, thereby ensuring that the arbitration process remains expeditious.”
The delay in completing the analysis may have resulted in salt samples getting deteriorated because of exposure to heat, light, moisture, etc which may have resulted in deteriorating its standard and thus it became substandard, as Iodized Salt can lose its iodine due to the environmental factors.
The delay in administration of justice not only interferes with the healing process of rape victims, but also prolongs their journey towards closure and recovery of such traumatic experience.
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.
The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.
“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”
Even though the delay in the instant case was caused due to petitioner’s actions, nevertheless, Lokayukta must complete the investigations within a time frame for a delay may defeat several rights of the petitioner.
Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.
In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
While adjudicating an appeal file with a delay of 55 days, the Tribunal held that S. 238 IBC overrides S. 12 of the Limitation Act, 1963 and therefore this Tribunal does not have power to condone a delay beyond a period of 45 days.