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The High Court in direct contravention of the Selvi v. State of Karnataka, (2010) 7 SCC 263 accepted the submission of the Sub-Divisional Police Officer, Mahua, that she would conduct narco-analysis test of all the accused persons and other witnesses, during the investigation.
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“The State cannot remain a mute spectator when the population at large is exposed to serious physical, mental and financial risks due to constant exposure to a specific online entertainment/games/trade. In circumstances where a total prohibition is not possible at least a minimum of regulation becomes a necessity.”
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“A heart transplant is a serious ailment, and its surgery is critically important, and cannot be postponed, thus, is a special circumstance. Such surgeries are expedited in the interest of human life without an embargo of an expenditure which is secondary to human life.”
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The Court ordered strict enforcement of the 2023 Office Memorandum issued by the Union of India under Section 5 of the Environment (Protection) Act, 1986 which recognized the sanctity of Parasnath Hill and its significance for the Jain community directing a ban on tourism and other activities.
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“Even the Police are under an obligation to carry out a fair investigation. This is a crucial aspect of fairness. The objective of the investigation is to ensure that the real culprits are brought to justice. The legal system must ensure that an innocent person is not punished.”
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“The ad-interim ex-parte injunction is not only unreasoned but also does not specify the time period during which it would be in force.”
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The professors contended that the complaint was lodged with a delay of two weeks, and it was politically motivated false accusations.
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“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”
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The judgment marks a significant development in the evolving jurisprudence concerning personal liberty, the scope of State authority in passport-related matters, and the rights of individuals facing criminal proceedings.
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The Court observed that filing complaints against unauthorized construction by advocates themselves, coupled with writ petitions submitted without the signatures of the purported litigants, amounts to a clear abuse and misuse of the judicial process.
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“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.
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“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”
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“The petitioner virtually retired in 2018, but he is unable to get his retiral dues because of the FIR. He cannot be held guilty for non-adjudication of the FIR. The fault lies either with the Police Authorities or Public Prosecutor or Court Staff.”
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“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”
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“The failure of the prosecution to explain the genesis and origin of the occurrence has the effect of prosecution failing to bring on record the correct version of the event.”
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On 28-05-2024, the complainant while flying from Indore to Delhi alleged that co-passenger stared at her persistently, causing discomfort.
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“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
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“Marriage is not the sole mode to found a family. The concept of “chosen family” is now well-settled and acknowledged in LGBTQIA+ jurisprudence. The Supreme Court may not have may not have legalised marriage between same sex couples; they can very well form a family”.
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The applicant in his WhatsApp chat with his accountant, has stated about the stay granted by the Bombay High Court, and from the chats, it is clear that after the date of the fabricated orders, huge amounts are transferred to his and his friends/associates accounts.
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The Court observed that the report submitted by the Kolkata Municipal Corporation lacked crucial particulars and failed to meet the substance and spirit of the earlier inspection order.
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