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The Court underscored the necessity of concrete evidence in criminal prosecutions, particularly in cases involving digital content. The ruling reinforces those mere allegations, unsupported by forensic proof or substantial material, cannot justify the continuation of criminal proceedings.
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The Court observed that before alleging defamation based on a tweet, the plaintiff should bear in mind the conversational nature of medium and bear responsibilities for the content of its own tweets which lead to the Impugned Tweets.
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“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”
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The petitioners had completed their LL.B., but disputes had arisen as to the recognition of their college as a recognized institute.
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After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.
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“There are no cogent reasons or circumstances that have been established by the authorities to the satisfaction of the judicial conscience of the Court, that the disability suffered by the cadet was neither attributable nor was aggravated on account of military service.”
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The Court stated that failure to comply with Court’s guidelines will amount to contempt of court, and strict contempt proceedings will be initiated against the erring officers under the Contempt of Courts Act, 1971.
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“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”
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Clause 2.8.1(f) of the General Conditions of Contract, which enables MMRDA to terminate the contract without assigning any reasons, cannot be read to mean that MMRDA has a licence to act unfairly, or arbitrarily.
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“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”
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The Court stated that it failed to understand how the respondents could have retained the amounts deposited by the petitioner at the time of preferring the appeal and seeking stay of demand, after the appeal is decided, and matter is remitted back, and fresh assessment order is passed.
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The Court held that Moonshine had demonstrated a prima facie case for a grant of injunction, the refusal of which would cause an irreparable loss to it.
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“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”
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On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.
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The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.
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“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
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While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.
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The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.
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“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”
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“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”
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