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Madras High Court highlighted that the truth of the dying Declaration cannot be tested by this court while exercising the jurisdiction under Section 482 CrPC
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“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
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“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”
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“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”
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When the NGT passed the impugned order, the injured persons were not identified, nature of injuries was not determined and damage to houses and displacement of persons was also not identified or determined.
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The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.
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“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
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“In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country.”
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The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.
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“Recognizing Orans as forests aligns with both domestic legal mandates and international commitments, fostering a harmonious balance between cultural heritage and biodiversity conservation for present and future generations.”
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The candidate had removed his tattoo before the recruitment process, hence, the Court stated- “Whether the scar would last on the body or not is something which would not be under the control of the petitioner [candidate].”
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The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.
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Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.
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“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.
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The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.
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ED’s investigation into the Jal Jeevan Mission scam revealed that fake and fabricated work experience certificates were used to get Public Health and Engineering Department contracts and bribes were given to public servants to score tenders.
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“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
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Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.
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The Court strictly opined that constructions put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged.
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“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”
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