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“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”
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.
“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.”
“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”
“A purposive interpretation should be given to the word ‘children’ defined under the Senior Citizens Act, 2007, especially when the definition of ‘children’ starts with the word ‘includes’ son, daughter, etc., and therefore, a petition under the provisions of the Act would lie against the daughter-in-law also.”
“In our country governed by rule of law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. Whether such an avocation or business is to be permitted or not, is for the competent authorities under the State to decide.”
“A life convict is entitled to parole only in extraordinary situations, and that also as per the law in force.”
The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides.
“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”
“When a change in the name of a company takes place and the same gets registered in the register of the companies, there is no substantial change in the constitution of the entity and it shall not affect any rights and obligations of the company or render defective any legal proceedings by or against it.”
“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”
“The fundamental right to have access to courts of law is enabled largely through advocates. If advocates are attacked for drafting complaints, the rule of law will suffer.”
Considering the seriousness of the allegations against the accused, the Court viewed that custodial interrogation was necessary.
“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”
“The roster is prepared by the Chief Justice. The Judge, who is hearing the case, can decide to avoid the case if necessary. But a litigant cannot dictate to the Court to avoid his case by a Judge who is allotted the jurisdiction by the Chief Justice as per the roster. If such a practice is started, the litigants can pick and choose the judge who has to hear their case.”
“Here is a case where a brave and loving girl wants to marry the son of the petitioner, who is undergoing life imprisonment at High Security Prison, Viyyur.”
“Equal opportunity in public employment is a core constitutional value. One cannot steal and march over others by chance. The last date of the notification assumes importance to set a level playing field for everyone who is equal.”
“As far as the present case is concerned, the interim order passed by the Magistrate cannot be said to be gross illegality or irregularity. The petitioner could very well approach the same court seeking order, modifying or vacating the aforesaid order if there are sufficient reasons. That apart, appeal is provided under Section 29 of the PWDV Act against the aforesaid order”
“Section 173 of the BNSS granted statutory recognition to the concept of Zero FIR, which now deals with the registration of FIRs in cognizable cases. Zero FIR has been introduced with the primary purpose of ensuring that victims can file complaints regardless of jurisdiction.”
Previously, prisoners would have to file their appeals and other applications by preparing them in physical form and sending them to the Court for filing.