Factories Act, 1948, Section 5 -- Public emergency - Internal disturbance - COVID-19 Pandemic does not qualify as an internal disturbance threatening security of State - Pandemic has led to sharp decline in economic activities - S.5 of the Act cannot be invoked to issue a blanket notification that exempted all factories from complying with humane working conditions and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Reservation of life interest to enjoyment of usufructs from property gifted or settled by transferor/senior citizen in favour of transferee/son, cannot result in an implied condition that transferor expects transferee to look after senior citizen till her..........
Constitution of India, 1950, Article 32, 226 -- Judicial review - It is an evaluation of decision making process and not merits of decision itself - Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion - It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Claimed by subsequent transferees - Subsequent transferees in spite of being aware of delay in delivery of possession of flats, had purchased interest in flats from original buyers - It cannot be said that subsequent transferees suffered any agony and..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition for restitution of conjugal rights - Wife sought transfer of petition from Visakhapatnam to Vijayanagaram - Husband is a resident of Visakhapatnam, whereas, wife has to go to Visakhapatnam all the way from Vijayanagaram leaving her children under care of her parents - Even..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........
Medical education -- Establishment of medical college - Revocation of Essentiality Certificate - Validity - Appellant/college failed to fulfill commitment given to State at the relevant time of providing minimum infrastructure and fulfillment of norms of MCI and appointing staff as per norms of MCI and was incapable in doing so despite repeated opportunities given since..........
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, Rule 8 -- Order of suspension from service - Non-reviewing of - Legality - G.O.Ms.No.86, Dt. 08.03.1994, mandates competent authority to undertake review of suspension of employee at end of every six months - After suspension order petitioner/employee was dismissed from service - Said order of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 384, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Offence u/ss 354, 354-A, 384, 120-B IPC and S.8 of POCSO Act - Victim was 13 years old at the time of incident and she herself registered the FIR at the age of 16 - Accused including..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Specific allegation against petitioner is that she used to unnecessary interfere in the relationship of deceased and his wife, as a result of which deceased was under great mental pressure - Petitioner along with co-accused used to call deceased..........
