Constitution of India- Article 21 – The right to life and liberty enshrined in Article 21 of the Constitution258 is violated by the commission of child marriage. All children married as minors are denied their right to choice and autonomy, right to education, right to sexuality and the right to development of the child. Girls …
Bihar Municipal Act, 2007 – Section 431 –Royalty and tax are not one and same. Corporation’s power to charge royalty cannot be interfered with on the ground that the same is not available, either in the Act or in the Regulations concerned, as there is no question of the said ‘royalty’ being a tax. Section …
Patna Municipal Corporation vs Tribro Ad Bureau – Bihar Municipal Act – Royalty & Tax Read More »
Medical Negligence – Special Leave Petition seeking enhancement of compensation awarded on account of alleged medical negligence – Dismissing SLP, SC observed: The value of human life cannot be ssessed in monetary terms whatsoever is awarded is a matter of solace.
Motor Accident Compensation Claim– A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation – In claim cases, arising out of motor accident, the court has to apply the principles of preponderance of probability and cannot …
Sajeena Ikhbal vs Mini Babu George 2024 INSC 787 – MACT Case- Witnesses Read More »
Criminal Trial – A conviction could be based solely on the basis of the evidence of a solitary witness, however, the testimony of such a witness is required to be found to be credible and trustworthy. It is also necessary to examine the testimony of such a witness critically – Circumstantial Evidence – the circumstances …
Citizenship Act 1955 – Section 6A – Constitutional validity upheld -Section 6A falls within the bounds of the Constitution and does not contravene the foundational principles of fraternity, nor does it infringe upon Articles 6 and 7, Article 9, Article 14, Article 21, Article 29, Article 326, or Article 355 of the Constitution of India. …
In Re: Section 6A Of The Citizenship Act 1955 2024 INSC 789 – Read More »
Income Tax Act, 1961 – Section 28 – Banks are required to purchase Government securities to maintain the SLR. As per RBI’s guideline dated 16th October 2000, there are three categories of securities: HTM, AFS and HFT. As far as AFS and HFT are concerned, the interest accrued will have to be treated as income …
Judgments -Judgments are not to be read as Euclid’s theorems; they are not to be construed as statutes, and; specific cases are authorities only for what they actually decide. (Para 4) Bail – Parity – Grant of bail to co-accused would not ipso facto entitle the accused to the same – [the accused was incarcerated …
Vitthal Damuji Meher vs Manik Madhukar Sarve 2024 INSC 785 – Bail -Judgments Read More »
Summary -Charge sheet alleged that the accused, with the object of cheating the Bank, granted the three facilities to a company – High Court allowed his discharge petition – Dismissing appeal, SC observed: perhaps the only material that creates suspicion is the speed with which the proposal of the Company was sanctioned. As far as …
Constitution of India – Article 226- High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 or under Section 482 CrPC to prevent the abuse of process of the court or otherwise to secure the ends of justice. Nomenclature under which a petition …