Legal updates

Rakesh Wadhwan’s Bail Plea Rejected By Bombay High Court

It cannot be inferred that the right of the Applicant guaranteed under Article 21 of the Constitution for having proper medical treatment in super-speciality hospital is violated. Rather, various medical treatment which are given to the applicant are proved to be lifesaving at this stage

Does Failure In Avoiding Collision In Itself Constitute Contributory Negligence?

“To   establish   contributory negligence, some act or omission, which materially contributed to the accident or the damage, should be attributed to the person against whom it is alleged.” 

How the term “reasonableness’ can be read where the legislation itself is silent about the restricted time period for moving no confidence motion?

Whether any restriction is to be read into Section 56 of the Gujarat Panchayat Act, 1993, for moving no confidence motion against the elected Sarpanch, after election.

Habeas Corpus petition sustainable against a remand order?

If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

Can High Court entertain a writ petition, notwithstanding the existence of Arbitration Clause in the contract?

The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy.

Whether Fundamental Rights can be amended or not?

Fundamental Rights are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. Our Constitution, in addition to the well-known fundamental rights, also included the rights of the minorities, untouchables and other backward communities, in such rights.

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