Latest Post

Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine. Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 ”Euthanasia ” Constitution of India, 1950 — Article 21 — Right to life — Includes right to die with dignity — Passive euthanasia and Advance Medical Directives (AMD) are permissible under Article 21 — Active euthanasia is not permissible — Withdrawal or withholding of medical treatment is a constitutional right derived from the dignity, liberty, privacy, and self-determination of an individual — This right extends to incompetent patients as well. Reservation Policy — Other Backward Classes (OBC) — Creamy Layer Exclusion — Interpretation of Office Memorandum (OM) dated 08.09.1993 and Clarificatory Letter dated 14.10.2004 — Salary income exclusion — Hostile discrimination — Held, the clarificatory letter dated 14.10.2004, particularly paragraph 9 thereof, should not be interpreted in isolation or in a manner that overrides the substantive scheme of the 1993 OM — Overemphasis on the 2004 letter making income alone determinative without considering parental status and category of service would defeat the framework of exclusion under the 1993 OM — Determination of creamy layer status solely on income brackets without reference to posts and status parameters in the 1993 OM is unsustainable — Hostile discrimination arises when similarly placed individuals are treated differently without a constitutionally sustainable basis, thereby attracting provisions of Articles 14, 15, and 16 of the Constitution — Appeals dismissed Constitution of India, 1950 — Article 32 — Writ Petition — Delay and Laches — Doctrine of laches is a flexible rule of practice, not a rigid rule of law, to be applied on case-to-case basis based on judicial discretion — It requires balancing the equity of not allowing stale claims against the constitutional duty to enforce fundamental rights — Key considerations include inordinate delay, explanation for delay, and prejudice to third-party rights or settled matters — Unexplained delay is critical; delay attributable to the State’s conduct cannot be used against the petitioner — Claims affecting the public at large or challenging the vires of a statute might warrant a less strict application of laches, especially when addressing historical injustices or transformative constitutionalism — The Court must weigh the need for finality against the need to rectify injustice and has the power to mould relief to minimize disruption while enforcing fundamental rights.

You missed