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“It has become an everyday malady of petitioners moving PILs, complaining of encroachment et cetera that the encroachers, and sometimes even officials of the Government, try to browbeat the petitioners by physical assault or threat into withdrawing the PIL.”
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“A legal right accrued to a party to get a document registered as per the provisions of the Registration Act cannot stand defeated when reasons which exists are beyond the control of the party presenting the document for registration.”
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The Court highlighted the egregious misuse of Delhi Rent Control Act, 1958 and observed that there are huge number of cases, where very well-off tenants enjoying financial prosperity, unjustly occupy premises for decades on-end, paying pittance for rent. While in the process, their landlords are forced into impecunious and desperate circumstances.
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“The seriousness of the offence is made worse by the involvement of public officials and legal professionals, the creation of fake documents claimed to be several decades old, and efforts to make these false documents appear genuine by misusing official systems and legal procedures.”
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The Court observed that delays by Appellate Tribunals in deciding appeals under Rajasthan Rent Control Act, 2001, defeats the purpose of the law, which aims to ensure the speedy disposal of eviction cases.
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“Though the local authorities have the power to keep the street dogs in the impounding compound, however, it does not empower them to keep the dogs for an indefinite period.”
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“This is unconscionable and unpardonable. It appears that, in a disciplined police force, the police personnel themselves are not following the discipline and are not following the mandatory directions issued by the office of the Director General of Police.”
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Section 15 of the PNGRB Act mandates registration of entities that are establishing or operating LNG terminals after the ‘appointed date’.
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“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
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The present incident took place on 4-1-1984, and since then the proceedings have been continuing for over four decades, with the trial itself taking nearly 19 years to conclude, and the present appeal remaining pending for more than 22 years.
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The Court was shocked with the treatment given to the girls in the children’s home and the complaints made in respect of the Child Welfare Committee, which was established with a broad object and was supposed to act in the children’s interest, who need care and protection.
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“POCSO offences are grave and demand stringent punishments along with meticulous investigations to deliver justice. It is imperative for the prosecution to conduct thorough and proper investigations reflecting the severity of these offences.”
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There must be efficiency in handling public money and obviously a person with poor/ or no financial discipline cannot be trusted with public money.
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“No society can afford to punish its children. Punitive approach towards children in conflict with the law would be self-destructive for the society.”
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The petitioners submitted that the hawkers are being forcibly moved from the police bazar area without observance of due process of law.
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The Court was deciding the issue of maintainability of a petition, wherein it was argued that instead of filing the petition under Section 528 BNSS, it ought to have been filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), as the BNSS came into force on 1-7-2024, whereas the FIR was filed in 2022.
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“The consumption of narcotic and psychotropic substances in Chhattisgarh has increased manifold in recent years. It not only has evil effects on the body and mind of the person consuming it, but it ruins the entire family and society too.”
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“To prove the offence of dowry death, it must be shown that there was cruelty and harassment within 7 years of marriage and that it was meted out for or in connection with, demand for dowry”.
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“In respect of offences that occur against a person in police custody or custodial death, the stand to be taken by this Court should be different. Being the protectors of the constitutional rights of a citizen, who by virtue of the order passed in a judicial process, is in the custody, then if his constitutional rights are violated by an officer or any other citizen in jail, then at this prima facie stage, we say that the Court’s interference is required.”
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“Equal opportunity in public employment is a core constitutional value. One cannot steal and march over others by chance. The last date of the notification assumes importance to set a level playing field for everyone who is equal.”
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