Bringing you the Best Analytical Legal News
The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.
“It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices.”
“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.
The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.
“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”
“Section 102(3) was inserted by way of an amendment only in the year 1978, which reintroduced the reporting obligations of police officer to the Magistrate, as it originally existed in the 1882 Code. It also empowered the seizing officer to give custody of the seized property to any person, on such person executing a bond undertaking to produce the property before the Court as and when required.”
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
“When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.”
Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.
Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.