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Writ – Mandamus – Normally the Court will not interfere with the Administrative policy of the Government – But, when such policy violates some provisions of the Constitution such as Article 14, the Court will step in to set right
Bysclaw
Apr 9, 2017By sclaw
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In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.
Oct 2, 2024
sclaw
Protection of Children from Sexual Offences Act, 2012 — Section 15 — Scope of Section 15 — The court clarified that Section 15 of the POCSO Act criminalizes the storage or possession of any child pornographic material involving a child, regardless of whether the accused has the intention to share or transmit the material. The court further distinguished between the three distinct offences punishable under Section 15(1), (2), and (3) of the POCSO Act. Information Technology Act, 2000 — Section 67B — Scope of Section 67B — The court held that Section 67B of the IT Act criminalizes the publication, transmission, or creation of any material depicting children in sexually explicit acts or conduct — The court clarified that the act of merely viewing or downloading child pornography, without any intention to publish, transmit, or create such material, does not fall within the purview of Section 67B of the IT Act.
Sep 29, 2024
sclaw
Requisition and Acquisition of Immovable Property Act, 1952 — Section 7(1) — Land Dispute — The case involves a land dispute where appellant were directed to vacate or compensate for land in Bangalore, originally requisitioned in 1941 and partially acquired in 1973 — The main issues were the rightful ownership and compensation for the land, and whether the petitioners’ delay in filing the writ petition affected their claim — The petitioners argued they were entitled to rental compensation from 1973 and the return of the unacquired land, claiming the land was not being used by the Defence department — Respondent contended that the petitioners had suppressed key facts, including the sale of part of the land, and that the petition was filed after an unreasonable delay —The Supreme Court allowed the appeals, dismissing the writ petition due to the petitioners’ suppression of facts and the delay in filing the petition — The Court emphasized the importance of approaching the court with clean hands and noted the petitioners’ deliberate suppression of relevant facts — The Court cited principles of equity and the necessity for petitioners to disclose all relevant facts, highlighting that the petitioners’ conduct amounted to an abuse of process — The writ petition was dismissed, and the Court refrained from imposing punitive costs on the petitioners despite their conduct
Sep 29, 2024
sclaw