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The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.
Through decades of hard work, innovation, and perseverance, two brothers Shri C.L. Malik and Shri P.L. Malik built a legacy that would stand the test of time- built a trusted name in legal publishing and research, recognised for its reliability, accuracy, and integrity.
“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”
The Division Bench of the Court, while deliberating over the matter, identified 2 major issues- (1) Open Correctional Institutions and (2) Modalities for visitation by lawyers in jail to ensure free legal aid to the deserving prison inmates.
“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.”
‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’
“The said direction would not be applicable if there is an unauthorized structure in any public place and also to cases where there is an order for demolition made by a Court.”
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
The Court sought suggestions from all the parties, which can be considered in framing appropriate guidelines.
“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”
“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”
The question of law which revolved around right of making representation being seriously jeopardized as detenus were supplied with various documents as parts of relied upon documents (‘RUDs’) which are illegible, incomplete and not readable violating Article 22 (5) of the Constitution of India read with Section 3 (3) of COFEPOSA Act, was kept open.
“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.
The mother in her undertaking stated that she got a job in Consulate General of India’s office at San Francisco, and that she had applied for US citizenship and duly attended for interview. She had also undertaken to ensure the admission of her son in a good school, co-operation with father and facilitation of visits to son.
The Chairperson has been authorized to constitute separate or joint SearchcumSelection Committees for one or more Universities, keeping in view the nature of subjects/disciplines.
Last year, in October, the Allahabad High Court had acquitted Surendra Koli and Moninder Singh Pandher in the Nithari Killings matter and set aside their death sentences.
The Supreme Court noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence, were not laid down by the Court.
“If we were to issue interim mandatory injunction in such like cases, it might set a bad precedent in law that would enable the States to flout fiscal policies and still successfully claim additional borrowings.”
Supreme Court: In an appeal against the judgment passed by Bombay High Court, whereby the Court dismissed the appeal preferred by the
On 19-05-2023, Justice K.V. Viswanathan became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India. With Justice Viswanathan’s elevation, the Collegium hopes to enhance the representation of the Bar in the Supreme Court.