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In this case the complainant had challenged the “flea bite sentence” passed by the Trial Court against the accused who had pleaded guilty of causing death of 8 stray puppies.
“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.
“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.
“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”
“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”
The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.
The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.
“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”
Chandigarh Estate Rules, 2007 — R. 16 and second proviso thereto: Fragmentation/division/bifurcation/apartmentalisation of residential units in Phase I of Chandigarh is not
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.