defacto complainant only with an intention of harassing the petitioner has added his name in the complaint. The act of complainant is against the well ... Court in various judgments that adding distance relatives are "damage more than repair" or remedy more than peril. Hence the petitioner
individual Judge's spine,
the threat of punishment - the greatest peril to judicial
independence - would project as dark a shadow whether cast
by political ... vital to preserve the
opportunities for judicial individualism"12 (emphasis added).
27. In Ramesh Chander Singh Vs. High Court of Allahabad13, a
judge
examination of suspect material .....
No person therefore ought to be put in peril of capital, or any punishment on a written report not given ... section (1) of Section 510 and a new Sub-section (2) was added in the following terms:
"510. (2) The Court
hearing. (Disposal by circulation is a
calculated risk where no problem or peril is visible.)”
The Bench also observed:
“37. …We do not claim that ... permanent holiday. Such
an attitude is an over-reaction to argumentum ad nauseum. But we must
importantly underscore that while lawyer's advocacy cannot
also the person whose life and/or
liberty is at peril, it is but fair to say that he has a right to be tried ... lose his life, liberty, career and
all that he cherishes. (Emphasis added)
In paragraph 86, it was held thus :
"86. In view
Sterling Holiday Resorts (India) Ltd. Vs. Mr. Manohar
2011 (1) AD (Delhi) 387.
39. Prosecution examined Surubhi PW27 who did not support the
case ... therefore, a young unmarried girl will not put her reputation in peril
by admitting her relationship with a stranger, more particularly so, if
the allegation
Sterling Holiday Resorts (India) Ltd. Vs. Mr. Manohar
2011 (1) AD (Delhi) 387.
39. Prosecution examined Surubhi PW27 who did not support the
case ... therefore, a young unmarried girl will not put her reputation in peril
by admitting her relationship with a stranger, more particularly so, if
the allegation
potentially of
dangerous dimension the managers of its supply have the added duty
to take all safety measures to prevent escape of such energy ... live on the road as
users of such road would be under peril. It is no defence on the
part of the management
hearing. (Disposal by
circulation is a calculated risk where no problem or peril is
visible.)”
The Bench also observed:
“37. …We do not claim that ... permanent holiday. Such an attitude is an over-reaction to
argumentum ad nauseum. But we must importantly
underscore that while lawyer's advocacy cannot
potentially of dangerous dimension the managers of its supply
have the added duty to take all safety measures to prevent
escape of such energy ... live on the road as users of such road would be under
peril. It is no defence on the part of the management
