Judicial Review- Tender – In cases where a party invoking writ jurisdiction has been a participant in the tender process, courts should be slow and cautious in exercising the power of judicial review – constitutional courts should exercise caution while interfering in contractual and tender matters, disguised as public interest litigations – High Court should …
Indian Penal Code, 1860; Section 376 – Rape by giving promise to marry – Quashing the case against appellant, SC noted: It is not a case where the complainant was of an immature age who could not foresee her welfare and take right decision. She was a grown up lady about ten years elder to …
Motor Accident Compensation Claim – Assessment of compensation cannot be done with mathematical precision. The Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation [Value of the labour being put in by the deceased in agriculture, it would be reasonable to assess his income at ₹35,000/- per month. Considering his age …
Bail – The considerations that would normally weigh with the Court while dealing with a bail petition are the nature and seriousness of the offence; the character of the evidence; circumstances which are peculiar to the accused; a reasonable possibility of the presence of the accused not being secured at the trial; reasonable apprehension of …
State of Jharkhand vs Sandeep Kumar 2024 INSC 179 – Bail – Police Officer As Accused Read More »
Summary: SC directed Constitution of a committee to give recommendations on effective management and protection of the Tiger Reserves. Public Trust Doctrine – Executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the …
Summary: Appeal filed by accused convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 for committing murder of his wife – Allowing appeal, SC held: Only on the ground of strained relationship, one cannot jump to a conclusion that the appellant is the author of the burn injuries sustained by …
Suraj Bhan vs State Of Haryana – Murder Accused Acquitted Read More »
Environmental Law – The polluter pays principle, a widely accepted norm in international and domestic environmental law, asserts that those who pollute or degrade the environment should bear the costs of mitigation and restoration. This principle serves as a reminder that economic activities should not come at the expense of environmental degradation or the health …
Vedanta Limited vs State of Tamil Nadu 2024 INSC 175 – Environmental Law Read More »
Public Employment – Courts will have to be cautious and therefore slow in dealing with recruitment process adopted by the recruitment agency. A lot of thought process has gone into applying the rules and regulations. Merely because a recruitment agency is not in a position to satisfy the Court, a relief cannot be extended to …
Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 ; Section 2(v)-Argument that “ghee” is not a product of livestock is baseless, and bereft of any logic. The contrary argument that “ghee” is indeed a product of livestock is logically sound. Livestock has been defined under Section 2(v) of the Act, where Cows and buffalos …
Pre Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994; Section 20- Power of subsection (3) of Section 20 of PC&PNDT Act is notwithstanding the power of subsections (1) & (2) of Section 20. The said power can only be exercised when the appropriate authority forms an opinion that it is necessary or expedient …