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“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
The Court stated that it cannot be overlooked that he has been in jail for more than twenty years and may be for a crime that he has committed but that does not denude him of his basic right to life.
The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.
When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.
‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’
It is not a case where the wife is helpless or there is any endeavour to leave her on the road by taking away the roof from her head. The wife herself is an educated woman, who did her MBA and is also employed.
The Delhi High Court said that the Press has now assumed the role of public educator making formal and informal education possible on a large scale, particularly in the developing world.
The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.
The Court dismissed an application for granting interim injunction as similarity of name cannot be the sole criteria, especially because it was a mythological character on which admittedly various works, movies and books are already available.
Several members of Aam Aadmi Party including members of various other opposition parties made an audio and video recording of Court proceedings which had been circulated on various social media platforms.
The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.