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The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.
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“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”
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“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”
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The Central Information Commission condemned the lack of adherence to the RTI Act provisions and the inadequate checks and balances within the system.
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The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.
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“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”
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“The process of law would take its own course through the trial”
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The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.
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“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”
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In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
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“School management was not justified in demanding fees for services which are provided only when the school runs in physical mode.”
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“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”
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The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.
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Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.
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Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.
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Court noted that innumerable matters are coming up where stolen gold had been pledged with a gold finance company and this aspect must be examined by the concerned authorities and proper guidelines must be formulated in relation to issues such as implication of pledging stolen gold, manner of dealing with such gold when criminal proceedings are taken up etc.
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“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”
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The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.
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“Doctors, the Guardian of life, embody a noble profession, often revered as akin to God / Almighty, as they possess the extraordinary ability to save lives and restore health. While acknowledging the presence of quacks and corporatized hospitals, it is essential to recognize that majority of medical practitioners dedicate their life to serve humanity with compassion and expertise”
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“For mens rea to be established, something better than vague statements must be produced before the Court.”
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