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The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
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“A party cannot be permitted to ‘blow hot-blow cold’, ‘fast and loose’ or ‘approbate and reprobate’. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself.”
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The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.
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“Testimony of a Single Witness falls into the category of being neither wholly reliable nor wholly unreliable, the Court must exercise caution, look for corroboration and should not convict on that testimony alone.”
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“The facts of the present case disclose a peculiar and rather disturbing situation, wherein an educational institution has been drawn into the ambit of a criminal investigation solely Banker’s lien on the ground that it received a fee payment through an online transaction from a parent who is allegedly involved in a cyber offence.”
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“Instead of admitting the mistake in placing the correct position before the Court, the petitioner blamed the Court for not uploading the order that was dictated in open court and has created an unpleasant situation leading this Court to recuse from hearing of the case.”
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“Despite being public servants, their conduct reflects scant respect for law of land the dereliction of duty on their part, which can be considered to be misconduct in service on their part, since they have failed to perform their duties in accordance with law.”
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Guidelines issued by Sri Bharati Tirtha Mahaswami, the Jagadguru Shankaracharya of the Sringeri Sharada Peetham state that persons who have travelled aboard, or have undergone shaving or haircutting contrary to traditional norms and persons who do not adhere to the prescribed spiritual practices shall not enter the sanctum sanctorum and participate in the worship of the deity.
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“An arbitral tribunal, being a creature of contract, cannot grant relief in disregard of contractual stipulations.”
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It is a settled principle of service law that payment of salary and attendant monetary benefits is ordinarily premised upon actual discharge of duties.
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“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”
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“It is expected from the RPSC to ensure that the subject experts are persons having good academic record with excellent academic expertise. We strongly deprecate the practice of the experts relying upon newspaper articles like “Washington Post” or “Hindustan Times” in arriving at a conclusion of a question. We also deprecate the practice of the expert to answer and reject the objections in one line and that too without assigning a convincing reason.”
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“The husband’s girlfriend was neither related to him by blood, marriage or adoption, nor was she residing in the matrimonial home or subjected the wife to harassment or intimidation. The continuation of the criminal proceedings in the case would amount to abuse of the process of law and defeat the ends of justice.”
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“The arrest made before the registration of FIR, on the basis of illegal telephone tapping and unauthorized search and seizure, held to be illegal and unconstitutional.”
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The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.
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“Such unauthorized use does not only lead to unjust commercial enrichment but also infringes on the individual personality rights and in cases of a pornographic content tarnish the plaintiff’s reputation and goodwill.”
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The FIR alleged that he was operating a fake Embassy illegally in Kavi Nagar, Ghaziabad, by hoisting flags of various countries and putting diplomatic number plates on vehicles to defraud people. The Embassy did not have the permission of the Ministry of External Affairs.
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“There is no question of vesting any unfettered, untrammelled, or unchanneled discretion in the governmental authority, as the discretion must be exercised judiciously, after due application of mind and for the public good.”
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“Prima facie, it emerges that the IO is acting under pressure or is ‘persuaded’ by some other factors. We need not say anything more at this stage.”
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“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
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