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“A reading of the statements made against the applicant would prima facie conclude that they have been making statements in derogatory and defamatory manner, which would affect the reputation of the applicant who is holding High Office.”
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“The petitioner had given birth to her two children prior to her induction in service but her prayer for maternity leave, though for her third child, came to be made for the first time during the service.”
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“By condoning the illegal acts of the violators who carry out encroachments, the State intends to treat such law breakers equal to those persons who abide by the law. This is arbitrariness, because by treating un-equals alike, the State is violating Article 14 of the Constitution.”
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The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.
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The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.
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“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
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“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”
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The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.
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The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.
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“Accepting a strike resolution may amount to misconduct on the Presiding Officer’s part inviting recommendation for disciplinary action against the concerned officer, who adjourns the case in deference to a resolution of the Bar asking members to abstain from their professional duties in Court.”
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“In a complaint case involving accusation of a non-bailable offence, anticipatory bail is not maintainable upon the issuance of a summons, as there is no apprehension of arrest by the police without warrant.”
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“What is deeply concerning is the use of technology to commit cyberbullying — an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children.”
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“To attract the offence under Section 2 of the Prevention of Insults to National Honour Act, 1971, a person should burn, mutilate, deface, defile, disfigure, destroy, trample upon or otherwise show disrespect to or bring into contempt, the Indian National Flag or the Constitution of India or any part thereof, in any public place or in any other place within public view.”
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“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”
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“In the present case, Additional Advocate General contended that the police had taken the blood samples of the petitioner and the co-accused and had sent them to FSL for analysis, the result of which was still awaited.”
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The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.
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The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.
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“The Distribution company had the statutory responsibility of distribution and supply of electricity in the locality, the Court is of the considered view that by application of the principle of strict liability, the Distribution Company are strictly liable for the death of deceased and are liable to pay compensation to the deceased’s family.”
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“In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the Court can suo motu step in and direct the State to take effective measures to create a congenial environment”
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“The interpretative endeavor must be a dynamic and teleological one, ensuring that the NDPS Act remains an efficacious instrument in combating the pervasive menace of drug abuse, rather than being rendered sterile by a rigid textual analysis.”
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