Bringing you the Best Analytical Legal News
The Delhi High Court while granting bail to a man accused of cheating held that undertrial prisoners cannot be placed in custody for indefinite periods of time when a speedy trial does not appear to be a possibility.
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Presenting to you tour d’horizon of all the significant decisions covered in the month of December 2022 of the Tribunals, Commissions and Regulatory Bodies.
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Whether or not an employee should be permitted to retire in accordance with the Scheme in the event that the Scheme itself provides for retirement to become effective upon completion of the notice period. The VRS that was implemented by the Department is, in essence, an expression of the Department’s aim to prune the overstaffed positions.
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Madras High Court dismissed Public Interest Litigation challenging the Government order warranting Adhaar authentication services in the Tamil Nadu Generation and Distribution Corporation Ltd., from persons availing electricity subsidy in Tamil Nadu.
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Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.
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Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.
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Kerala High Court while deciding the petition against the manufacturers of ‘FROOTI’, interpreted the alleged rules and sections according to the facts, held that the size of MRP and packing date on the plastic bottle of 1.5 litres was in compliance with the Legal Metrology Rules.
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The Court, while exercising powers under Section 11 of the Act, can refuse to refer the parties to arbitration only where “it is manifestly and ex facie certain that the arbitration agreement is nonexistent, invalid or the disputes are non-arbitrable, though the nature and facet of non-arbitrability would, to some extent, determine the level and nature of judicial scrutiny.”
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The Delhi High Court had dismissed a petition against the removal of ‘unauthorized encroachers’ from the Mehrauli Archaeological Park area while recording that religious structures as well as graveyards will not be demolished in the process.
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Madras High Court granted interim relief to Viacom 18, as it has made out a prima facie case on merits and the balance of convenience was also in its favour.
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The Court acquitted the accused and held that the prosecution failed to prove their case beyond reasonable doubt.
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On 16-12-2022, the Ministry of Science and Technology has notified the National Geospatial Policy, 2022 to create an enabling ecosystem
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Detaining Authority gravely erred in relying upon the illegible documents which is equivalent to non-placement of translated-RUDs in a language which the detenu understands, which consequently vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority.
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The Delhi High Court upheld the order of the Labour Court wherein it was held that since the messenger boy of a Bank was unable to establish that he moved an application for absorption in the service in pursuance of the Bipartite Settlement, therefore, he was not entitled to regularisation of service. Further, the Dehi High Court held that regularisation was not a matter of right and therefore, this Court could not direct the respondent Bank to regularize the services of the messenger boy.
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Kerala High Court while dealing with the issue of deleting personal information from the Judgments, discussed the different facets of right to privacy of individuals and the interest of the public qua judicial institutions. The Court concluded that the right to be forgotten cannot be claimed in current proceedings, but in appropriate cases the Court has power to invoke this right.
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Madras High Court: In a writ petition filed for issuance of writ of mandamus directing the respondents to give the equal status
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The Delhi High Court granted ad-interim injunction to New Bharat Overseas for its mark ‘TAJ MAHAL’ and restrained Kian Agro Processing (P) Ltd. from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks for the purposes of selling or marketing rice in India or for export to any entity, till the pendency of the suit.
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Chhattisgarh High Court | In an appeal related to the custody of a girl child, a Division Bench comprising of
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When the public officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State exchequer are to be recovered from such public servants, who are responsible and accountable for the financial losses.
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It is inclusion not exclusion, equality not inequality and democracy not executive fiat that runs as a common thread throughout our Constitution. In a society as diverse as ours it has been the endeavour of our Constitutional Courts to further strengthen this thread.
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