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“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”
“After the mother’s death due to a fatal illness, the minor continued to reside in India with his father and repeated applications were submitted to the authorities seeking extension of the child’s stay and grant of Indian citizenship on compassionate grounds. However, neither was the minor declared an Indian citizen nor was his visa extended.”
“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”
Justice Nongmeikapam Kotiswar Singh served as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
“While the co-accused were acquitted on 19-8-2013, the absconders surrendered on 25-1-2014 and were subsequently formally charged. Since the co-accused were acquitted, the impugned order merged into the final judgment, and the revision petition was rendered infructuous.”
“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”
“If the employee’s father was allegedly found to be involved in an offence under Section 5 of the 2006 Act, the same did not mean that the employee was to be perceived, projected, painted and put to bad treatment by passing the impugned suspension order.”
“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”
“The cancellation order, on the face of it, appeared to be a brazen endeavour of the official machinery to deprive a land owner of his legitimate right to have an alternative in lieu of his acquired land by the State.”
“The President of Jammu Kashmir Sharnarthi Action Committee which raised voice for the displaced persons was aggrieved by the unjust treatment meted out to the DPs of 1947 who were illegally displaced from PoJK, particularly regarding their recognition as Scheduled Tribe under Pahari Ethnic Group and issuance of a PSP Certificate.”
“Under the Triple Test, the Trust’s activities were systemic and organised, aimed at fulfilling human wants, including spiritual or religious needs, while also involving commercial operations. Therefore, its functions were not purely religious or selfless but carried out in a commercial manner, thus falling within the definition of ‘industry’.”
“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”
“A criminal court, while considering an application for a grant of NOC for a passport renewal, should only advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial and no other factor should influence the decision.”
“Criminal litigation between near relatives or co-sharers often originate from civil or matrimonial disputes and directing the quashment of proceedings by invoking the inherent powers in cases of personal nature not involving any heinous offence, is likely to meet the ends of justice.”
“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.
“If a detenue satisfied the Court that there was an unexplained delay in execution of the detention order, then such an order would be interpreted as breaking the live-proximity link in between the event of detention and passing of the detention order.”
“The present case was not one of mere suspicion but one raising grave suspicion, as the incriminating chats, videos, and photographs detected from the mobile phones stood corroborated by the monetary credits received through international fund transfers.”
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
“Time and again this Court has cautioned the Courts to eschew the tendency to pass strictures and remarks against the public servants unless the same was absolutely necessary for disposal of the case and the concerned officer has been put to notice.”
“If the accused’s plea was accepted, it would amount to usurping the jurisdiction and power vested in the Designated Authority, who had all the powers of a Civil Court under Section 31 of the UAPA for making full and fair enquiry into the matter before it.”