Bringing you the Best Analytical Legal News
Supreme Court upheld the Kerala HC decision that political parties are not legally obligated to establish an Internal Complaints Committee under the POSH Act, because there is no employer-employee relationship among the members of political parties, and they do not meet the criteria of a “workplace” as defined under the Act.
“When attempts are made to compel the parties to yield to their demands in a matrimonial dispute, recourse to criminal proceedings would defeat the interest of justice, especially if custodial interrogation is permitted. Hence, I am satisfied that this is a fit case where accused ought to be granted pre-arrest bail.”
“Despite the recommendations of the Raghavan Committee Report, the Supreme Court directions, and the UGC Regulations, the menace of ragging has not been able to be curbed. That resulted in the unfortunate incident wherein a young, promising student lost his life at the prime of his youth, 21 years.”
The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.
Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”
“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”
“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.
The petitioner sought a direction to the Trans Union Cibil Limited to update the credit score on closure of his loan account with Canara Bank.
In a series of Resolutions passed on 18-01-2024, the Collegium recommended appointment of Judges for Calcutta, Jharkhand and Kerala High Courts.
Kerala High Court had also requested the parties to think about reconciliation, but that did not work out.
In the instant matter of forgery for the purpose of cheating, the Kerala High Court had earlier granted interim protection from arrest.
The Court said that the prohibition imposed on the film by West Bengal suffered from over breadth.
Kerala High Court prima facie viewed that the Tanur boat accident could be avoided if the authorities would have invested vital legal and statutory duty to watch and monitor the situation.