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The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.
A stellar career spanning 28 years as an advocate and 11 years as a Judge, Dr Justice B.R. Sarangi’s resume simply speaks for itself. Elevated as Chief Justice of Jharkhand High Court on 05-07-2024, Dr Justice Sarangi retires on 19-07-2024 after a brief tenure of 15 days.
“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”
“A child born out of surrogacy to be treated in the similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto.”
“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”
“It is settled law that a recruiting agency for recruitment to a public post is under obligation to strictly follow the terms of advertisement if it lays down a procedure for selection as well as a statutory rules, if any, governing such recruitment/selection process.”
“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”
“In case of no material on record including circumstances to satisfy the ingredients of ‘rape’ or ‘aggravated penetrative sexual assault’ committed on the deceased minor, it would be too risky to convict the accused either under Section 376-AB of the IPC or under Section 6 of the POCSO Act. The ingredients of offence under Section 354 of the were squarely made out.”
“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”
The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.
“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.
The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.
The tests laid down in Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 were not fulfilled, hence, the Association is not ‘State’ within Article 12.
“A toll-free telephone number and committed phone number shall be included in the display so that whenever or wherever a threat of sexual harassment is perceived by a woman, the same can be immediately reported to for seeking protection”.
“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.