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“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.”
“There was a clear distinction between change in particulars and correction of particulars, and therefore, the Court observed that the petitioner was seeking change in registered particulars and not their correction.”
“It was not the disputed eligibility of the petitioner to have an absolute licence to practice law, but an alleged non-communication of his appointment in government service that had prompted Respondent 1 to issue the impugned order and notification.”
“Any news, in respect of Courts and its working, made with a motive of degrading the judicial institution or lowering its prestige in the eyes of general public, eroded the public trust in the Courts and must be viewed as an ill-motivated interference in the administration of justice.”
In the present case, the petitioner has wrongly equated filing an application under Section 12 of DV Act to lodging of a complaint or initiation of a prosecution. However, such application cannot be equated with a complaint within the meaning of Section 200 CrPC or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
“The drug menace distorted the health and fabric of society and was the originator of petty offences as well as heinous crimes. The involvement of various terrorist groups and syndicates in drug trafficking threatened the national security and sovereignty of States via narco-terrorism.”
“Where one ineligible person was ignored at the cost of another ineligible person without reasonable basis or rationale, the ineligible person, who was ignored, could raise his voice and approach the Court to find out the reasons for his exclusion”
The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.
“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”
Chief Justice of India B.R. Gavai and Supreme Court Judges emphasized on bar-bench unity and women-led legal transformation at NALSA’s North Zone Conference, Srinagar.