Civil Procedure Code (CPC)

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Article 21 Is Completely Violated If People Die Due To Lack Of Oxygen: Bombay High Court Goa Bench

The Goa Bench of the Bombay High Court observed on Wednesday that COVID positive patients dying due to a lack of oxygen is a gross violation of their right to life under Article 21, and urged the State and other authorities to make all efforts to meet the State's oxygen needs.

Several deaths are occurring in the state due to a lack of oxygen, according to a bench of Justices MS Sonak and NW Sambre, and the Court and authorities cannot be in denial.

“It is not our purpose, position, or expertise to get involved in the supply, logistics, and so on. But, as a Constitutional court, we recognize the right to life and must ensure that life is protected.” If people die from a lack of oxygen, Article 21 is absolutely violated. 

What do you think about this order? 

Breaking: Courts Can Order House Arrest U/s 167 CrPC In Appropriate Cases: Supreme Court

The Supreme Court stated that under Section 167 of the Code of Criminal Procedure, courts may order house arrest in appropriate cases. The court stated that when deciding whether to order house arrest, judges should weigh factors such as the accused's age, health, and antecedents, the seriousness of the crime, the need for other forms of detention, and the capacity to impose the terms of the house arrest. 

The court stated that it is up to the legislature to consider using house arrests in post-conviction cases.

What is your view on house arrest? 

Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects: Supreme Court

If the deceased was self-employed and under the age of 40, the Supreme Court also reiterated that a 40 per cent increase in wages must be applied to future opportunities when calculating car injury compensation. 

In National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, a five-judge bench of this Court held unequivocally that if the deceased is self-employed and under the age of 40, their income would be increased by 40% as future prospects. Since the deceased was self-employed and 37 years old in this situation, a 40 per cent increase in potential prospects " may be justified, the Supreme Court remarked.

Do you think this is justified? 

Mere Language Problem Of A Party Not A Ground To Transfer A Case U/s 406 CrPC: Supreme Court

The Supreme Court ruled that a criminal case cannot be moved under Section 406 CrPC simply because the party does not understand the language of the court that has jurisdiction to hear the case. 

While dismissing a transfer petition filed by one Rajkumar Sabu, against whom a criminal case is pending in Salem Court, the court stated that since he is unable to understand Tamil, the case should be transferred to a court in Delhi. Sri Jayendra Saraswathy Swamigal (II), T.N. vs. State of Tamil Nadu & Ors. [(2005) 8 SCC 771] was his reference point.

What is your say on this? 

Shocking Exercise Of Judicial Power: Supreme Court Stays MP HC Judgment Entertaining 3rd Writ Petition Against Termination After 20 Yrs

The Supreme Court has stayed the judgments of a single judge and a division bench of the Madhya Pradesh High Court, which ordered the reinstatement of a Municipal Council employee with full back pay after entertaining a third writ petition against his termination, which was instituted after 20 years. 

The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing an SLP (at the request of the Municipal Council) arising out of a September 1, 2020 decision of the HC division bench, which upheld a February 2020 order of a Single Judge setting aside the respondent's 1990 termination order and reinstating him with full back wages and benefits.

What do you think about the judgement? 

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Basant Khyati Online
13 May 2021    169  Report


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