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The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.
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“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
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“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”
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“The Court is unable to accept the submission that mere employment or earning of the wife is, by itself, a ground to deny maintenance. The object of Section 125 CrPC is not merely to prevent destitution, but to ensure that the wife is able to live with dignity, consistent with the status of the husband.”
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“It is well settled proposition of law that bail is the rule, and jail is an exception and pre-trial incarceration of the wife should not be a replica of post-conviction sentencing.”
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“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”
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“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”
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“By using scandalous and intemperate language and by shouting in open Court in a loud and aggressive manner, applicant’s advocate has prima facie committed acts which tend to lower the dignity of the Court and interfere with the administration of justice.”
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“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom, and any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardises students’ welfare but also undermines the institutional ethos.”
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“Where the passage of time has been so extraordinary that an accused has spent a larger part of his remaining life under the shadow of a pending criminal case, the punitive function of the law inevitably loses much of its practical and moral force.”
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“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
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The Court stated that extraordinary situations require extraordinary measures. In this unique case, where the petitioner had to avail both maternity and medical leave in the same year, the general rule of termination for exceeding one year’s leave cannot be rigidly applied.
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“A complainant under Section 138 of the NI Act is a victim as defined in Section 2(wa) CrPC as the expression ‘victim’ includes not only the person who has suffered any loss or injury caused by reason of any act or omission for which the accused person has been charged, but also includes his or her guardian or legal heir.”
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“Neither the intention of the legislation nor any provision in the Places of Worship Act gives protection to a structure put up on Government land by encroaching.”
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“Prima-facie, a highly disciplined and respected cultural organization like the RSS has been maligned and the membership has been misused in the present case by the informant.”
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“The fundamental error permeating both the impugned orders is the assumption that merely because the claimant worked or claimed to have worked in Delhi, the Controlling Authority appointed by the State Government and the Appellate Authority derived jurisdiction to adjudicate the dispute.”
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“Section 269 of the Punjab Municipal Corporation Act, 1976 makes it abundantly clear that the appeal lies against orders to the Court of District Judge of the city where the premises are situated, within the period specified in the order for demolition of the erection and the petitioner instead of approaching the Court of District Judge has filed the present petition.”
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“Instead of expressing regret or tendering an apology, he persisted with such allegations and even called upon the Court to tender an apology.”
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The appeal claims the Trial Court wrongly convicted the appellant because the evidence was weak and misapplied. No selection committee members testified, no forged documents were recovered, and no witness confirmed that the appellant misused his position for promotions.
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“Clerical mistakes are those that occur in the course of typing or writing, while arithmetical mistakes are those that occur during calculation. As to accidental slip or omission, the decisive test is whether it is apparent from the record that the Court intended to do something but failed to do so owing to an accidental or inadvertent omission.”
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