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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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“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 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 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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“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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“The Court is unable to accept the submission that mere employment or earning of the wife is, by itself, a ground to deny maintenance. The object of Section 125 CrPC is not merely to prevent destitution, but to ensure that the wife is able to live with dignity, consistent with the status of the husband.”
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“It is well settled proposition of law that bail is the rule, and jail is an exception and pre-trial incarceration of the wife should not be a replica of post-conviction sentencing.”
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“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”
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“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”
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“By using scandalous and intemperate language and by shouting in open Court in a loud and aggressive manner, applicant’s advocate has prima facie committed acts which tend to lower the dignity of the Court and interfere with the administration of justice.”
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“Institutions of higher learning must remain spaces of safety, dignity, and intellectual freedom, and any trend of lawlessness, vigilantism, or disorder in and around the campus environment not only jeopardises students’ welfare but also undermines the institutional ethos.”
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