Search Results Page

Search Results

1 - 10 of 25 (0.24 seconds)
Charles S/O Gar Aprakasam vs State Of Gujarat on 5 July, 2023 cites

M/S Neeharika, Infrastructure Pvt. ... vs The State Of Maharashtra on 13 April, 2021

7.11 Furthermore, being a priest, the present applicant is also liable since the provisions of Section 5 of the Gujarat Freedom of Religion Act, 2003 are applicable to the priest as the conversion is made without the prior permission of the Competent Authority. Therefore, Sections 3 to 5 will be attracted. 7.12 Considering the totality of the facts and circumstances of the case and the prima facie violation of Section 5 of the Gujarat Freedom of Religion Act, 2003, it is apparent that the defense raised in the present application can be examined and tested during the trial. The trial appears to be justified for further proceedings to fully investigate and evaluate the alleged breach of the law. At this stage, the Court finds no compelling reason to interfere with the ongoing Page 26 of 33 Downloaded on : Sat Sep 16 20:56:15 IST 2023 NEUTRAL CITATION R/CR.MA/3065/2020 JUDGMENT DATED: 05/07/2023 undefined proceedings initiated based on the F.I.R. The defense's arguments and contentions can be appropriately addressed and adjudicated during the trial proceedings. Therefore, the Court finds no justification to grant relief by quashing the proceedings or application at this point. The trial shall continue to proceed, allowing all parties to present their evidence and arguments before the trial court to determine the case's merits based on a complete assessment of the facts and legal aspects involved in view of the judgment of the Hon'ble Apex Court in the case of Neeharika Infrastructure Pvt. Ltd. versus State of Maharashtra and Others reported in 2021 SCC OnLine SC 315, and more particularly para 80 is relevant, which is as under:
Supreme Court of India Cites 75 - Cited by 3990 - M R Shah - Full Document
1   2 3 Next