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“Accepting a strike resolution may amount to misconduct on the Presiding Officer’s part inviting recommendation for disciplinary action against the concerned officer, who adjourns the case in deference to a resolution of the Bar asking members to abstain from their professional duties in Court.”
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“In a complaint case involving accusation of a non-bailable offence, anticipatory bail is not maintainable upon the issuance of a summons, as there is no apprehension of arrest by the police without warrant.”
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“What is deeply concerning is the use of technology to commit cyberbullying — an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children.”
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“To attract the offence under Section 2 of the Prevention of Insults to National Honour Act, 1971, a person should burn, mutilate, deface, defile, disfigure, destroy, trample upon or otherwise show disrespect to or bring into contempt, the Indian National Flag or the Constitution of India or any part thereof, in any public place or in any other place within public view.”
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“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”
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“In the present case, Additional Advocate General contended that the police had taken the blood samples of the petitioner and the co-accused and had sent them to FSL for analysis, the result of which was still awaited.”
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The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.
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The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.
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“The Distribution company had the statutory responsibility of distribution and supply of electricity in the locality, the Court is of the considered view that by application of the principle of strict liability, the Distribution Company are strictly liable for the death of deceased and are liable to pay compensation to the deceased’s family.”
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“In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the Court can suo motu step in and direct the State to take effective measures to create a congenial environment”
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“The interpretative endeavor must be a dynamic and teleological one, ensuring that the NDPS Act remains an efficacious instrument in combating the pervasive menace of drug abuse, rather than being rendered sterile by a rigid textual analysis.”
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“Refusal to allow the amendment to the specifications, which was sought to provide clarification regarding the technical advancements of the subject invention over the newly cited prior art, amounts to a clear violation of the Principles of Natural Justice”
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The husband’s friend tried to convince him that if his demands are not fulfilled then he shall not cohabit with his wife and shall send her to her paternal home.
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The Court observed that even though weapons are recovered from one of the accused, it is not the prosecution’s case that those weapons were used for any terrorist activity and/or toppling the Government.
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“The essential requirement to constitute an offence under the Arms Act is the existence of mens rea, i.e., knowledge of such possession or control over the firearm or ammunition, even in the absence of actual physical possession.”
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The Court observed that the amputation of left leg above knee was due to the injuries sustained during the accident and awarded compensation for loss of future earnings.
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The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.
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“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”
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“The only question before CIC was whether ‘information’, as defined in Section 2(f) of the RTI Act has been denied mala fide, or incorrect, incomplete or misleading information has been knowingly furnished. The impugned order instead expresses policy prescriptions, which are beyond the remit of CIC.”
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In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.
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