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“Criminal liability is founded on legally admissible material capable of giving rise to a sustainable inference, and not on conjecture, or investigative imagination.”
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“The Court is not to act merely as a post office or a mouthpiece of the prosecution. The Court must apply its judicial mind to the record to assess whether the material, taken at face value, discloses the essential ingredients of the alleged offence and raises grave suspicion, as distinct from a mere suspicion.”
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“In commercial transactions, especially in the travel industry, group bookings for festive periods are made precisely to capitalize on predictable seasonal demand.”
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“The procedure which the IO needs to follow at the time of arrest is not a mere formality. Its purpose is to inform the accused of the grounds and reason of arrest so that he knows the allegations and can prepare his defence, and to ensure proper legal representation to defend personal liberty.”
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“Reputation of a person/enitity in invaluable right, the breach of which cannot always be compensated in monetary terms.”
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“No interview was carried out during investigation or inquiry, no psychological assessment was conducted, and no effort was made to find out the mental capability of child in conflict with law”
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“The lack of clarity with respect to the actual place of occurrence of the alleged incident along-with lack of specific allegations in testimony cast serious doubt over the case of prosecution.”
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“They have been vociferously endorsing, supporting, and promoting the sentiments as well as provoking the people of Kashmir. So much so, in their posts, the accused have called for a boycott of elections and to reject the candidate who comes with the idea of development.”
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Regarding the police’s statement that rats ate the seized 200 kgs of ganja kept at the police station, the Court remarked that such an incident cast suspicion on the very seizure of the contraband and its handling by the police.
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The Court noted that as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup.
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The Court noted that the complainant was the only public witness in the present case and the prosecution could not bring any other public witness. However, the complainant could not identify the accused persons during his testimony in Court.
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“The act of District Administration by pressurizing a citizen of a democratic nation to pay double the fine or compensation amount vis-a-vis the amount specified as compensation is highly condemnable and in breach of the basic human and legal rights provided by the Constitution.”
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Allegedly, the accused persons had hired 30-40 masked men to criminally trespass Hotel Sarovar Portico, Vasant Kunj, due to ongoing dispute over the possession and ownership of the same.
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“As such alleged statement or remarks were an intrinsic part of a legislative debate on the governance and law & order. Thus, the same is squarely within the sphere of proceedings in the legislature.”
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“Where the Arbitrator assigns the cogent grounds and sufficient reasons and no error of law or misconduct is cited, the Order does not call for any interference in exercise of the power vested in the Courts.”
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“If anyone, while in Government service, wishes to spread awareness for a social cause, proper channel and protocol must be followed. No individual official can portray himself larger than the department in an unprofessional or amateurish manner in the name of spreading awareness.”
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“Naming a liquor vend as Court Complex Vend is disparaging to the institution of administration of justice.”
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“No such conduct of Bibhav has been brought to the notice of the Court, since he was released on bail, that may dissuade the Court from considering the prayer made by him to travel abroad.”
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The complainant purchased 14 sarees from IHA Designs for his wife and relatives for his sister-in-law’s engagement function upon being influenced by the advertisements promising curated selections and high-quality craftsmanship.
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“The Court opined that Waheed ur Rehman Parra is charged with violation of Model Code of Conduct which cannot be classified as an order under Section 188 IPC as it lacked statutory backing and many of its provisions are not legally enforceable.”
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