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Delhi High Court Protects Personality Rights Of Aishwarya Rai Bachchan, Says Unauthorised Exploitation Violates Right To Privacy
The Delhi High Court has protected the personality rights of bollywood actress Aishwarya Rai Bachchan, observing that unauthorized exploitation of personal attributes of an individual violates right to privacy and undermines the right to live with dignity.Justice Tejas Karia restrained various entities from misusing the personal attributes of the actress like her name and images by...
Supreme Court Reserves Opinion In Presidential Reference On Timelines For Bills' Assent After 10-Day Hearing
The Supreme Court on Thursday (September 11) reserved its opinion in the reference made by the President of India under Article 143 raising questions related to the timelines for granting assent to Bills by the President and the Governor under Articles 200/201 of the Constitution.A bench comprising Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha...
Judicial Decree Not 'Showpiece', Symbolic Compliance Insufficient, Executing Court Can't Deny Relief On Technicality: Rajasthan High Court
The Rajasthan High Court has held that a decree passed by a competent court cannot be permitted to remain a "mere paper decree, ornamental in nature", or reduced to the "status of a redundant document devoid of efficacy".Justice Farjand Ali in his order said: “A decree is not intended to be a showpiece hanging on the wall of litigation; rather, it must be translated into reality so as to...
'Procedure Is Handmaiden Of Justice But It Can't Be Defeated In The Name Of Substantive Rights': Delhi High Court
The Delhi High Court on Wednesday (September 10) observed that while procedure is handmaiden of justice and technicalities must not be allowed to infringe upon substantive rights of parties however, the procedural requirements cannot be “trashed” in the name of substantive rights.“Even the substantive rights have to be claimed and granted following procedure prescribed by law…The...
TN MLA Jegan Moorthy Says Settlement Reached In Abduction Case; Supreme Court Extends Interim Anticipatory Bail
The Supreme Court today extended the interim order granting anticipatory bail to "Poovai" Jegan Moorthy, MLA of KV Kuppam, Tamil Nadu, in the case alleging his involvement in the abduction of a minor boy. The Bench of Justice Manoj Mishra and Justice NK Singh was hearing the challenge against the Madras High Court's order dismissing the anticipatory bail petition filed by Moorthy in...
Ambiguous Terms Of An Insurance Policy Must Be Interpreted To Favour The Insured: Bombay High Court
The Bombay High Court has held that in cases of ambiguity in an insurance policy, the principle of contra proferentem would apply and the terms must be interpreted in favour of the insured. The Court expressed serious concern over the conduct of TATA AIG General Insurance Company in repudiating the claim of a widow whose husband had availed a compulsory credit-linked insurance policy bundled...
Temple In Market Accessible To Public Is Not Private, Ban On Operating Meat Shops Around It Applies: Rajasthan High Court
Rajasthan High Court dismissed a petition filed against cancellation of license of meat shops established within 50 meters of places of worship in accordance with Clause 4 of the SOP dated March 22, 2021, issued under Section 269 read with Section 340 of the Rajasthan Municipalities Act, 2009 (“the Act”).The bench of Justice Anoop Kumar Dhand denied the argument put forth by the petitioner...
Issue Of S.197 CrPC Sanction Can Be Raised Before Trial Court At Any Stage Of Proceedings : Supreme Court
The Supreme Court declined to interfere with the trial court's framing of charges against a public servant in a corruption case, holding that the question of sanction under Section 197 CrPC for IPC offences can be examined at any stage of the proceedings, as the issue depends on the nature of evidence presented to determine whether the acts were committed in discharge of official duty.A bench...
'Strong Inference Of Evidence Planting' : Supreme Court Acquits Man Sentenced To Death In Child Rape-Murder Case
The Supreme Court on Wednesday acquitted and set aside death penalty of one Akthar Ali convicted for rape causing death of a 7-year-old girl in 2014. The Court also acquitted co-accused Prem Pal Verma who was convicted for harbouring the offender.A bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta allowed the criminal appeals filed by the two accused against...
Governor Has No Power To Sit On Bills Endlessly; But Timelines Can't Be Laid Down : Centre To Supreme Court
On the last day of the hearing of the Presidential Reference, the Solicitor General of India told the Supreme Court that Governors cannot sit on Bills endlessly. SG Tushar Mehta said that since Article 200 uses the expression "as soon as possible", the Governors cannot sit on bills "perennially or for three or four years." At the same time, SG opposed the Court laying down fixed timelines as...