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'Toilet Facilities Are Basic Human Rights Under Article 21: Bombay HC Directs Civic Body To Improve Sanitation In Mumbai's Slum Areas
The Bombay High Court has held that access to adequate sanitation and toilet facilities constitutes a basic human right forming an integral part of the right to life and dignity guaranteed under Article 21 of the Constitution, even in slum areas created by encroachment on municipal land. The Court observed that once large populations reside in slums, whether authorised or unauthorised, the Municipal Corporation cannot abdicate its statutory and constitutional obligations to provide and maintain...
Supreme Court To Examine If Kerala Joint Family Abolition Act Repugnant To Hindu Succession (Amendment) Act 2005
The Supreme Court on Friday (February 6) issued notice returnable four weeks in a plea challenging the Kerala High Court's judgment, which held that the Kerala Joint Hindu Family System(Abolition) Act, 1975 was repugnant to the Hindu Succession (Amendment) Act, 2005.A bench comprising Justice Pankaj Mithal and Justice SVN Bhatti considered the matter. Notice has also been issued on an interim prayer seeking a stay of the High Court's judgment.Following the declaration of repugnancy, the High...
Supreme Court Annual Digest 2025: Juvenile Justice Act
Criminal Law – Bail - Juvenile Justice - Sexual Offences - Sex Education - Supreme Court reiterated its direction to the State of Uttar Pradesh to file an additional affidavit informing the Court on how sex education is provided as a part of the curriculum in higher secondary schools (Classes IX to XII) so that young adolescents are made aware of the hormonal changes that come...
Allahabad High Court Imposes ₹1 Lakh Cost Over 'Reckless' Claim That Judge Issued NBW On An Advocate's Persuasion
Taking a stern view against two litigants who claimed that the Trial Judge had issued a Non-Bailable Warrant (NBW) against them under the 'persuasion' of the complainant's advocate brother, the Allahabad High Court has dismissed a transfer plea with an exemplary cost of Rs. 1 Lakh. A bench of Justice Samit Gopal observed that the applicants had sworn the affidavit on a "perusal...
Delhi State Consumer Commission Holds DDA Liable For Wrongful Fee Collection, Orders Rs. 20,000 Deposit In Consumer Welfare Fund
The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Ms. Bimla Kumari (Member), held the Delhi Development Authority (DDA) liable for deficiency in service for charging dependent membership fees despite not grant-ing dependent membership. The Commission allowed the appeal and directed the DDA to refund the excess amount and deposit...
Photocopy Of Document No Evidence Unless Conditions To Produce Secondary Evidence Proved : Supreme Court
The Supreme Court has set aside the sale undertaken on the strength of a photocopied Power of Attorney, noting that a photocopy of a document, being secondary evidence, is not evidence unless it falls under the conditions set out in Section 65 of the Evidence Act.Section 65 of the Evidence Act permits the production of secondary evidence (copies, oral accounts) when the original document cannot be produced under Section 64. This applies if the original document/evidence is lost, destroyed, rests...
"Entire Auction & Bidding Process Was Rigged": Bombay High Court Quashes Sale Of Property, Orders Forfeiture Of Deposit By Bidders
The Bombay High Court has ordered a fresh 'revaluation' of a prime property at Mumbai's Vile Parle area after finding that the initial process of auction of the plot was 'rigged' with bidders coming a 'syndicate' and 'under-bidding' for the property.Single-judge Justice Madhav Jamdar therefore while ordering fresh auction, ordered forfeiture of the Rs 10 lakh each Earnest Money Deposit (EMD) by five bidders, till further orders. The bench dealt with a report of the Deputy Sheriff of Mumbai,...
'Can't Turn Nelson's Eye To Minor Victim's Ordeal': Bombay High Court Refuses To Reduce Sentence Of 83 Yr-Old Rape Convict
The Bombay High Court (Goa Bench) recently upheld the conviction and refused to reduce the 10-year sentence awarded to an 83-year-old man convicted of sexually assaulting a 9-year-old girl in 2012. A bench of Justice Shreeram V Shirsat said that the age of the Appellant could not be a mitigating circumstance to reduce the sentence in such offences as the Court can't "turn a Nelson's eye" to the age of the victim and the ordeal the victim has undergone. In its 63-page order, the High...
POCSO Probes Must Be Child-Friendly; Sensitise Investigators To Ensure 'Truth Emerges Without Ambiguity': Gauhati High Court
The Gauhati High Court has stressed that investigations under the Protection of Children from Sexual Offences (POCSO) Act must be conducted with sensitivity and strict adherence to child-friendly procedures, observing that failure to provide counselling support, appoint support persons and record clear, specific statements may defeat the very cause of justice. The Court cautioned that defective or casual investigations not only prejudice the accused but may also result in acquittals even where...
'Politically Motivated': Sonia Gandhi Opposes Plea For FIR Over Her Inclusion In Voter List Prior To Acquiring Indian Citizenship
Congress leader Sonia Gandhi has opposed before a Delhi Court a plea challenging a magisterial court order refusing to order FIR against her for getting her name added in the electoral rolls of 1980, three years before getting Indian citizenship, allegedly by using forged documents.Gandhi has said that the plea is politically motivated, wholly misconceived, frivolous and abuse of the process of law. The criminal revision petition has been filed by Vikas Tripathi seeking criminal action against...
Municipality Cannot Benefit Private Party At Cost Of State; Disposal Of Public Property Must Be In Public Interest & Free From Bias: Gujarat HC
The Gujarat High Court has held that the State and municipal authorities cannot act in a manner that benefits a private party at the cost of public property, and that any such action would be unreasonable and contrary to public interest. The Court observed that public authorities are bound by the doctrine of public trust and cannot alienate municipal land in an arbitrary manner.A Single Judge Bench of Justice J. C. Doshi was hearing the second appeal arising from a suit for specific performance...