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“Despite all the latitude that is shown to a “State”, we are of the clear opinion that 10 the cause sought to be shown here by the State of Odisha is not an explanation but a lame excuse. No case for exercise of discretion has been set up.”
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The Court noted that the accused doctor received commission for prescribing the cough syrup and his co-accused destroyed the evidence regarding cough syrup to save him.
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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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“Nepotism and self-aggrandizement are anathema to a democratic system, more so when it happens within a society comprising members of the government service, enabling housing facilities to its members by transparent allotment.”
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“In absence of any material to show that the advertisement was at the instance of Rahul Gandhi, reliance on advertisement by itself could not lead to the assertion that it was published by him with the requisite intention to defame.”
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“If a Magistrate, after applying his judicial mind to the supplementary report, arrives at a conclusion contrary to his earlier decision of taking cognizance on the charge sheet (primary report), the recording of such a contrary opinion will not amount to a review or recall of his earlier order.”
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“No doubt, the JJ Act is a beneficial legislation intended for reformation of the juvenile/child in conflict with law, but the law also demands that justice should be done not only to the accused, but also to the accuser.”
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“The beedi rollers were producing beedis and rendering services to the company through traders, however, the presence of the traders as an intermediary does not alter the relationship between the beedi workers and the company.”
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“The grant of bail in separate disproportionate assets case also does not automatically entitle him to bail in the present case, which must be evaluated independently on its own factual matrix and material available on record.”
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“When the Section 7 of Insolvency and Bankruptcy Code, 2016 (IBC) application is based on default committed subsequent to Section 10-A of the IBC period and the amount claimed subsequent to Section 10-A of the IBC period is well beyond threshold, application cannot be rejected on the ground.”
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“When an employee submits resignation, the employer has a duty to accept and relieve, subject only to any contractual conditions, or if it does not follow a stipulated procedure. He can also refuse acceptance when disciplinary proceedings are contemplated against the employee for grave misconduct or causing monetary loss to the establishment.”
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The Court noted that despite filing an appeal before the NCLAT, the petitioners filed the present writ petition challenging the demand notice issued by the Bank.
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“The offences alleged to have been committed by the applicant under the IPC cannot be regarded as acts done or purported to be done in furtherance of his official duties.”
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“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
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“Procedural provisions should not be interpreted with rigidity to the extent of defeating the substantive rights vested in the parties.”
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The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.
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“The question of law is kept open to be decided in an appropriate case.”
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“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
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“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
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“If the law permits the accused parents to eliminate the children born with mental retardation, no such child would survive in this world.”
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