Delhi High Court stays summoning of accused in decade-old bank fraud case based solely on S. 161 CrPC statements
The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
The Court opined that the issue requires detailed deliberations and stayed the impugned order till next date of hearing.
“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”
The accused had been denied anticipatory bail by orders of the High Court as well as the Supreme Court which had been overlooked by the Judicial Magistrate and the Sessions Court while entertaining applications for anticipatory bail.
“There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”
“The Sentence Review Board (‘SRB’) deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation oriented and not a routine disposal/statistic dominated exercise.”
“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”
“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”
“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”
The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.
The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.
Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.
In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.
‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’
A person castigating their employer through a constant tirade of false and scandalous allegations does not deserve to continue in the employment of the said employer.
Despite a delay of three years, not even an Enquiry Officer had been appointed in the department proceedings against Gurjinder Pal Singh.
It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.
The Court finds that the respondent is possessed with necessary educational qualifications and thus fulfils the requisite condition of being appointed as a ‘Teacher’.
The Delhi High Court opined that there is no law that states that requirement of a rich man must be presumed to be devoid of ‘bona fide’.