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The Court did not find “any illegality prima facie in the case of engaging lawyers by the autonomous body i.e. MPNRC and paying the professional fees as per their norms.”
“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”
“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”
“Indisputably, the public good is a question of fact. Good faith has also to be established as a fact. Ergo, to prove good faith so as to constitute offence of Section 499 of IPC, trial is necessary.”
The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.”
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.
‘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.”
The petitioner’s license was suspended based on inspection by the National Child Protection Commission disclosing employment of 59 minor children.
Section 7(5) of the Waqf Act, 1995 states that the Wakf Tribunal does not have jurisdiction over matters that were already the subject of a suit or proceeding in a civil court before the commencement of the Act.
Madhya Pradesh High Court noted petitioners’ contentions that they were busy with election-related responsibilities and thus couldn’t submit the personal undertaking for permanent exemption.
Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.
Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.
The present case is “nothing but the assimilation of personal and political antipathies, more precisely, a politically oriented-animosity, which makes the petitioner’s prosecution malicious.”