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The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.
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The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.
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The petitioners alleged that the objections were decided without affording them a proper opportunity of hearing, relying solely on a newspaper notice.
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The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
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“We come across many such cases where people in the locality oppose the move of the authorities to locate the TASMAC shop or IMFL shop or license for selling such IMFL and in respect of those objections given by the public, especially the women folk, the answer given by the authorities is that the Rule is not violated.”
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“These allegations, which are not only unsupported by evidence but also seem to be driven by malice, undermine the integrity of the judicial process. The claims are made without any regard for truth and appear to be designed to manipulate or mislead”
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The Court noted that though a witness was mandated to produce original bank documents, he committed a mistake in bringing only photocopies containing endorsement that the same were verified with the original.
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The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.
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The Court found that the petitioner was a bright student, and the medical documents were authentic; therefore, in the interest of justice, the Court permitted the student to appear in the July 2024 HSC exam subject to the payment of late fees.
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The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.
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By directing the recognition of NIBMG as a CFSL and its scientists as government experts, the Court aims to alleviate the pressure on existing forensic laboratories and ensure timely and accurate forensic analysis, thereby strengthening the overall criminal justice system.
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Doctrine of legitimate expectation would be fully applicable to the facts of the present case and Pawan Hans Helicopters Limited cannot deny the payment of the additional cover of Rs.30 lakhs to the petitioners only for its own lethargy or inability to obtain the renewal of the subject policy within time.
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‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
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Section 3(2B) of the MTP Act ensures that gestational age does not hinder necessary medical intervention in cases of substantial fetal abnormalities.
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K. Armstrong was President of Bahujan Samaj Party over 17 years. He was murdered by Anti- Social rowdy elements on 05-07-2024.
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The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.
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“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”
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The Rifleman was accused of missing from his service with his weapon and firing three rounds on his co-employee, injuring his right knee, right side of neck and lower abdomen.
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The Court was shocked to learn such allegations against the mother of the child and deemed appropriate to direct the High Court Legal Services Authority to appoint an advocate from their panel to represent the victim.
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“Glorification of an accused is fundamentally detrimental to the interests of society and undermines the integrity of the justice dispensation system.”
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