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The High Court explained that if an order is passed without giving a reason by the concerned authority, then the order is a non-speaking one, including an order which does not provide a clear reason for its decision.
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“The Court’s role is to understand the purpose of law in society and to assist the law in achieving its intended purpose. An interpretation which reduces the subordinate legislation to a futility should be avoided, and a view that the rule making authority made the rule only for the purpose of bringing about an effective result should be adopted.”
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The Court noted that it was equally disturbing that during pendency of proceedings before the Commissioner, the State proceeded to auction the vehicle, which was the principal source of livelihood of the accused, for a grossly inadequate consideration without awaiting adjudication of the accused’s challenge.
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“The sustainability or perversity of the decision of the Tribunal should only be assessed after certain nuances in the evidence as well as some documents discussing the core issue is properly dealt with by the Tribunal.”
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“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”
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The Court noted that attribution of non-existent propositions to Supreme Court precedents, if established, would be a matter of serious concern.
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The accused was arrested for allegedly writing objectionable comments on his Instagram account “I Love Mohammed ke liye gardan katwa bhi sakte hai aur kaat bhi sakte hain”.
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The offences under Section 7, Prevention of Corruption Act, 1988 and Section 61(2) BNS cannot be said to constitute “acts in discharge of official duty” and, therefore, no sanction is required for those acts.
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“The Statement of Object and Reasons of the Code says that the aim is to improve ease of doing business and facilitate more business leading to higher economic growth and development.”
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“Possession” under the NDPS Act is not limited to personal recovery; however, prima facie control over the seized material must be shown for Section 37 NDPS to apply.
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“Freedom, in a constitutional society, is always accompanied by responsibility towards others.”
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The Court noted that the case indeed involved an international gang of poachers and traffickers of wildlife animals like Pangolin, and the accused prima facie seemed to be involved.
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The High Court interpreted Note (2) to Rule 1212 and Note (1) to Rule 1224, Delhi Prison Rules, 2018, holding that “ordinarily” denotes restriction, not prohibition.
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“The words “Ya Allah! Rasgulla! Dahi Bhalla” by themselves are neutral in ordinary social use, and mere mention of food items in a comic act cannot amount to insult of religion.”
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“Wrong classification or mis-description in shipping bills filed for MEIS scrips by the customs broker does not attract penalty under Section 114AA, Customs Act, 1962 due to lack of mens rea and jurisdiction of customs department”
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“The parties shall be at liberty to take all remedies available in law for requiring the other spouse to place on record the affidavit as mandated under Rajnesh v. Neha, (2020) 2 SCC 324.”
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“In the absence of medical or disability certificate, the finding of 50 per cent disability based on fracture of rib, vertebrae and hip dislocation, was found to be erroneous, reducing the award of compensation to just medical expenses.”
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In the present case, filmmaker Santosh Kumar sought cancellation of the CBFC certification granted for the screening of Aditya Dhar’s “Dhurandhar 2” alleging that the film was a plagiarised version of his original script titled “D Saheb”.
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The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
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Delhi High Court held in view of the subsequent enactment of the National Sports Governance Act, 2025, the issue raised with regard to non-compliance of the Sports Code, 2011 has become academic and ordered fresh elections and appointed Administrator.
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