[Sexual harassment at workplace] Services Rules, if in place, should be followed for dismissal; ICC report not sufficient: Karnataka High Court
Undermining the authority of ICC Dr Arabi Uv Registrar Mangalore University- sexual harassment
Penal Code, 1860 — S. 302 and S. 53 Imposition of sentence of life imprisonment by trial court with direction that it shall be for remainder of natural life not permissible but after looking into the entire case, this court upheld the conviction under sec 302
The power of imposing a fixed term of imprisonment, or for the remainder of natural term of life of convict is available only to High Court and Supreme Court, and…
Family and Personal Laws —Mediation on Matrimonial dispute- sec 89 of CPC, 1908
In this case, there was a reference to mediation on the consent of counsel. Directions were issued as to expenses and interaction of the child with parent and mediator to…
Transfer of Property Act, 1882 — Ss. 122 and 123 — Gift of immovable property becomes complete when there is acceptance of gift
Section 122- Acceptance by or on behalf of donee must be made during the lifetime of the donor and while he is still capable of giving. Section 123- Execution of…
Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court
When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to…
Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311
Principles summarised regarding object and scope of S. 311 and power and duties of court while exercising discretion under S. 311 CrPC. “The aim of every court is to discover…
Constitution of India —Right to marry person of one’s choice is integral to Art. 21
Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The autonomy of an individual…
Civil Procedure Code, 1908 — S. 89 – The High Court was correct in holding that sec 89CPC and section 69-A of 1955 Act be interpreted liberally- broad purposive construction
Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which…
Criminal Procedure Code, 1973 — Ousting the statutory restrictions under S 43-D(5) of the UAPA for Grant of bail under sec S. 439 on grounds of violation of Part III of the Constitution
The court held that “whereas at the commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will…
Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings under Ss. 419, 420, 323, 504 and 506 IPC
It was held that even if all the allegations in the complaint taken at the face value are true, the basic essential ingredients of cheating are missing, as it could…