Legal Principles on Individual Rights and Law Enforcement
The Supreme Court and various High Courts have emphasized that the life and liberty of individuals are sacrosanct and can only be interfered with under lawful authority. Notable cases include Kerala (2022) SCC OnLine SC 929 and CBI (2012) SCC 40, which reinforce the importance of lawful procedures in restricting personal freedoms.
RAJU GEORGE @ N.M. GEORGE vs STATE OF KERALA - Kerala, RAJU GEORGE @ N.M. GEORGE vs STATE OF KERALA - Kerala
Judicial Decisions on Quashing FIRs and Proceedings
Several High Courts, including Rajasthan and Gauhati, have quashed FIRs or proceedings based on legal merits, such as in the case of Chandra Mohan Badaya (No. 7301 of 2022). These decisions underscore the courts' role in protecting individuals from unwarranted criminal proceedings.
RAJU GEORGE @ N.M. GEORGE vs STATE OF KERALA - Kerala, State of Arunachal Pradesh VS Kamal Agarwal - Supreme Court
Section 94 and Presumption of Age in Criminal Law
The Supreme Court has clarified the application of Section 94 concerning presumption and determination of age, highlighting the importance of accurate age assessment in criminal cases (SCC 210: 2022 SCC OnLine SC 1204).
Master X, Thru. His Father vs State Of U.P. - Allahabad
Case Law on Commercial and Regulatory Disputes
The courts have dealt with cases involving trade marks, corporate disputes, and regulatory orders, such as the Delhi High Court's consideration of Trade Mark Registrar orders (2024 SCC OnLine Del 813) and SCC decisions on corporate litigations (2024 SCC OnLine Mad 5305).
Coaster Shoes Company Pvt. Ltd. VS Registrar of Trade Marks, Trade Marks Registry - Bombay
Supreme Court's Approach to Equal Treatment and Service Jurisprudence
The Supreme Court has upheld principles of equal treatment under the law, citing cases like Karnataka (2006) SCC 747 and UP (2015) SCC 347, emphasizing that similarly situated persons should be treated equally, which influences service and employment law judgments.
Mohmad Mustufa Dodiya vs Union of India - Central Administrative Tribunal, All India Postal Employee's Union vs Union of India through Secretary, Postal Department & Ors. - Central Administrative Tribunal
Recent Supreme Court and High Court Decisions (2023-2024)
The latest judgments, including those in 2023 and 2024, reinforce adherence to constitutional protections and procedural fairness in criminal and civil matters, with specific references to petitions filed under various legal provisions and their ongoing judicial scrutiny.
RAJU GEORGE @ N.M. GEORGE vs STATE OF KERALA - Kerala, Mohmad Mustufa Dodiya vs Union of India - Central Administrative Tribunal
Analysis and Conclusion:
The 2023 SCC Online case 7301 primarily involves judicial decisions related to criminal proceedings, the protection of individual rights, and adherence to legal procedures. Courts continue to uphold constitutional principles, emphasizing lawful interference with personal liberty, equal treatment, and thorough legal scrutiny before quashing FIRs or proceedings. The jurisprudence reflects a consistent judicial stance favoring constitutional protections and procedural fairness across criminal, civil, and regulatory domains.
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Indian Penal Code - Sections 406, 409, 420 - Banning of Unregulated ... State (NCT of Delhi [ 2024 SCC OnLine SC 934 ], the Honourable Supreme Court has observed as follows:- “21. ... State of Kerala[(2022) SCC OnLine SC 929 : 2022 INSC 756]: — “7. The life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of law. ... CBI, (2012) 1 SCC 40 : (2012) 1 #HL_ST....
No. 8663- 8665 of 2023 4. These three petitions were allowed by the Rajasthan High Court vide judgment dated 23.05.2023. ... No.7301 of 2022 has been filed by Chandra Mohan Badaya. Five other co-accused filed writ petitions before the Rajasthan High Court also praying for quashing of the same FIR No.227 of 2017. ... Bhajan Lal, (1992) suppl. 1 SCC 335. The Gauhati High Court dismissed the petition for quashing which has given rise to the appeal filed by Chandra Mohan Badaya whereas Rajasthan High Court quashed the....
(2023) 15 SCC 210 : 2022 SCC OnLine SC 1204. Relevant portion of which reads as under :- 2022 SCC OnLine All 2407 . Relevant portion of which reads as under :- (2019) 12 SCC 370 : (2019) 4 SCC (Cri) 379 : 2019 SCC OnLine SC 926 at page 380 2025 SCC OnLine SC 1183 . Relevant portion of which reads as under :- 25. Section 94 deals with presumption and determination of age. Section ....
ITC Ltd., (2021 SCC OnLine Del 1489, paras 15,19,21,23). Colgate Palmolive Co. v. Patel, (2005 SCC OnLine Del 1439). Rana Steels v. Ran India Steels Pvt. Ltd., [MANU/DE/0476/2008, paras 23 and 24]. ... Shree Nath Heritage Liquor Private Limited, (2014 SCC OnLine Del 3412) (hereinafter, `Allied Blenders I'). M/s. Allied Blenders and Distillers Pvt. Ltd. v. M/s. Sentini Bio Products Pvt. Ltd., (2014 SCC OnLine Del 3423) (hereinafter, `Allied Blender....
[(2023 SCC OnLine Kerala 1534] and as modified by interim orders issued by the Hon'ble Supreme Court. ... University of Calicut [2023 SCC OnLine Kerala 645] [(1995) 2 SCC 745] would not apply.
State (NCT of Delhi) [2024 SCC OnLine SC 934], the Honourable Supreme Court has observed as follows:- “21. ... State of Kerala[(2022) SCC OnLine SC 929 : 2022 INSC 756]: — “7. The life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of law. ... CBI, (2012) 1 SCC 40 : (2012) 1 SCC (Cri) 26 : (2012) 2 SCC (L&S) 397] , has observed that : (SCC p. 52, paras 21-23) “21. ... Union of ....
, 1995 SCC OnLine Bom 376 in particular Paragraph 6 thereof. 39. Mr. ... , 2024 SCC OnLine Del 813 where the Delhi High Court had the occasion to consider Order dated 21st July 2022 passed by the Registrar of Trade Marks which is akin to the present impugned order. ... Registrar of Trade Marks, 2023 , SCC OnLine Mad 5305, wherein the Court was hearing an appeal filed by the Appellant therein against the order passed by the Registrar of Trade Marks rejecting the tra....
Shashi Kiran and analogous cases reported in 2022 SCC OnLine SC 594 whereby the Hon'ble Apex Court has upheld the finding of the Hon'ble Delhi High Court in R.N. Virmani batch of cases. ... Shashi Kiran and analogous cases reported in 2022 SCC Online 594 whereby the Hon'ble Apex Court has upheld the finding of the Hon'ble Delhi High Court in R.N. Virmani batch of cases. ... Shashi Kiran [2022 SCC Online SC 594] passed by the Hon’ble Supreme Court. (b) Judgment dated 14.09.2022 passed ....
The Hon‟ble Apex Court in the case of State of Karnatak Vs Lalitha (2006) 2 SCC 747 and in the case of State of Uttar Pradesh Vs Arvin Kumar Srivastav (2015) 1 SCC 347, has evolved service jurisprudence to the effect that all persons similarly situated should be treated similarly. ... (C) No. 7301/2025 and W.P. (C) No. 7412/2025 decided on 27.05.2025 which reads as under: - “2. ... Decided on 20.09.2023, has been upheld by the Hon‟ble High Court of Delhi by WP (C) No. 6973/2024 on 27.05.2024 with the following observatio....
The Hon‟ble Apex Court in the case of State of Karnatak Vs Lalitha (2006) 2 SCC 747 and in the case of State of Uttar Pradesh Vs Arvin Kumar Srivastav (2015) 1 SCC 347, has evolved service jurisprudence to the effect that all persons similarly situated should be treated similarly. ... (C) No. 7301/2025 and W.P. (C) No. 7412/2025 decided on 27.05.2025 which reads as under: - “2. ... Decided on 20.09.2023, has been upheld by the Hon‟ble High Court of Delhi by WP (C) No. 6973/2024 on 27.05.2024 with the following observatio....
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