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Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.
These guidelines have come in the wake of a suo motu case concerning the controversial ‘Pakistan’ and ‘undergarment’ comments made by Karnataka High Court judge, Justice Vedavyasachar Srishananda.
Justice Vedavyasachar Srishananda was appointed as Additional Judge of the Karnataka High Court and taken oath on 04-05-2020 and was made permanent judge on 25-09-2021.
On 5-9-2017, Gauri Lankesh, a journalist and a progressive thinker, was found dead in her house. Suspecting foul play, her sister filed an FIR against unknown persons.
Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.
Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.
Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution
The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.
Have a quick look at what the High Courts across the country adjudicated on through this week.
Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.
Giving the Government 8 weeks’ time to frame such guidelines, the Court laid down certain steps that must be followed whenever a person is to be summoned under S. 35, BNSS.
Prior to his elevation to the Supreme Court, Justice Aravind Kumar, as Chief Justice of Gujarat High Court initiated steps to tackle pendency of cases and initiated conversion of roadways buses into schools for poor children.
The Court further directed that the exercise of deciding as per the remand order by Single Judge must be completed expeditiously and before 31-07-2024.
In a retrospective application of Sections 50 and 52 of Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015, the Income Tax Dept. had fastened criminal liability on the petitioners for non-disclosure of tax return assessment for 2007-08 and 2009-10.
Justice Prasanna B. Varale’s journey from the small town of Nipani to the Supreme Court of India is a story of dedication, perseverance, and legal brilliance. This article delves into the life and career of this eminent jurist, shedding light on his achievements and
The Court highlighted that in the current digital age, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media.
“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.
On 13-06-2024, the Additional City Civil and Session Court Judge NM Ramesh, issued an arrest warrant against BS Yediyurappa for a case registered under the Section 8 of the POCSO Act read with Section 354(A) of the Penal Code, 1860.