No person shall be deprived of his life or personal liberty except according to procedure established by law.
Author: ShadesOfKnife
Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001
Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.
Citations: [2001 ACR SC 1 719], [2001 AIR SC 1246], [2001 ALD CRI 1 559], [2001 ALLMR CRI SC 582], [2001 JT SC 2 558], [2001 RCR CRIMINAL 1 838], [2001 RLW SC 2 297], [2001 SCALE 2 8], [2001 SCC 4 525], [2001 SCR 1 990], [2001 UC 1 652], [2001 AIR SC 0 795], [2001 BCR 5 323], [2001 AIR SC 1248], [2001 BOMCR CRI SC 323], [2001 CRIMES SC 1 248], [2001 CRLJ SC 1242], [2001 SUPREME 1 661], [2001 SLT 2 68], [2001 SRJ 3 341], [2001 CCR 1 197], [2001 JCC 1 185], [2001 AD SC 2 202], [2001 BLR 2 978], [2001 SCC CR 787], [2001 UJ SC 1 593], [2001 RECENTCR 1 838], [2001 AIR SCW 0 795], [2001 MLJ CRL 1 476]
Other Sources:
https://indiankanoon.org/doc/220491/
https://www.casemine.com/judgement/in/5609ad90e4b0149711411b60
Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991
In this landmark judgment, SC reiterated that Right to Speedy trail as established in Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar.
Citations: [1991 SCALE 2 1273], [1991 SCR SUPP 3 325], [1992 AIR SC 1701], [1992 CRLJ SC 2717], [1992 SCC 1 225], [1991 JT 6 431], [1992 SCC CRI 93], [1992 CRIMES SC 1 193], [1992 BLJR 2 1319], [1991 JT SC 6 431]
Other Sources:
https://indiankanoon.org/doc/1200243/
https://www.casemine.com/judgement/in/5609ac60e4b014971140eafc
State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020
Supreme Court requested AP High Court to expedite the case which was stayed by AP High Court here.
Anne Sudheer Babu Vs State of Andhra Pradesh
A false allegation/propaganda of Insider Trading in Amaravati Lands was hoisted and CID, AP has registered an FIR against Thallur Ex-MRO Anne Sudheer Babu and other. This is the FOR Quash petition u/s 482 CrPC/
A little briefing about Sudheer Babu
https://timesofindia.indiatimes.com/city/hyderabad/MRO-records-capital-regions-rich-past-in-book/articleshow/46731597.cms
Supreme Court requested AP HC to expedite the case here. Didn’t vacate the stay though. The minions are celebrating though.
A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.
Master Balachandar Krishnan Vs State of Karnataka on 29 Sep 2020
The Amendment Act brought by Karnataka Legislature was struck down as Unconstitutional and untravires to Parent Law, NLSIU Act 1986.
This apart, the Court held that the 5% concession to be given to Karnataka students (under the 25% domicile reservation) would tamper with the merit list, and therefore, is not permissible under the ambit of Article 14.
CrPC 309 – Power to Postpone or Adjourn Proceedings
(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:
Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA or section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall] be completed within a period of two months from the date of filing of the charge sheet.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:
Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him:]
Provided also that—
(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;
(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;
(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.
Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.
Landmark judgments from Supreme Court are here (2013) and here (2018).
C Aswini Dutt Vs State of AP
Without paying compensation for the land grabbed to the tune of 40 Acres, the State Government permitted Airports Authority of India to proceed with Expansion of Gannavaram Airport.
Case No. WP 17656/2020
All the atrocities of State Government here.
Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008
High Court of Calcutta held as following, while granted husband a decree of divorce.
However, we, in this matrimonial proceeding for divorce, cannot approve the action of the wife of forcefully entering the house of the husband when a suit for divorce had already been filed against her on the ground of cruelty. She had her rented accommodation where she was staying and had also the paternal house at Dum Dum. She is an employee of the Central Government and is not a helpless lady in that sense of the term and not even dependant upon the husband in anyway. In our view, once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband. In the case before us, the respondent being an employee of the Central Government, she is quite capable of maintaining herself and thus, she had no right to enter the house of the husband by the help of the local people. The sole object of the respondent was to frustrate the suit by contending that she had been staying in the same room as husband and wife and she has actually taken such plea in this proceeding. We, however, do not believe such assertion of the wife after taking into consideration the fact that the she has initiated proceedings under Section 498A of the Indian Penal Code during the pendency of the suit and all the members of the family were arrested. No reasonable person will believe the statement of the wife that the husband is staying with her notwithstanding the pendency of the criminal case where charge has been framed and he is an accused person along with other members of the family. Such wrongful entry in the house with the help of local people has definitely caused humiliation of the husband, an employee of the defence service, in the estimation of the local people and in the facts of the present case positively amounts to cruelty. We further find that the wife in her written statements made specific allegation that the husband, in order to marry his girlfriend and to misappropriate her ornaments, filed the suit for divorce. In evidence, however, the respondent did not lead any evidence in support of such allegation about the moral character of the husband and no suggestion was even given in cross-examination of the husband that he had any illicit relation with any girl. We, therefore, find that the wife has made baseless allegation against the husband in the written statement about the desire of the husband to marry any other lady and such act also amounts to cruelty.
Therefore, even if we hold that the husband has failed to prove that the wife used to allege his illicit relation with his own sisters, we are satisfied that the subsequent behaviors of the wife towards the husband definitely amount to cruelty.
And then…
We find from the deposition of the wife that she is a pathological liar as would appear from various deliberate false statements made in course of deposition. She stated that she came to know of the filing of the suit on 12th August, 1990 whereas it appears from the order-sheet that she entered appearance in the suit on 26th April, 1990 and repeatedly prayed for time to file written statement. In her cross-examination, she stated that she lodged complaint under Section 498A of the Indian Penal Code against her father-in-law and the sisters-in-law and not against her husband although it appears that the husband was one of the accused persons and was arrested. She further stated in one place of her deposition that in the rented accommodation, both of them were happy and there was no torture upon either of the parties. (See: page 112 at the penultimate paragraph of the Paper Book). Such statement is inconsistent with her other statements as regards the alleged misbehaviour of the husband in the rented accommodation. She has alleged conspiracy of killing her against the sisters of the husband and in the same breath, expressed her desire to stay with her husband along with her sisters-in-law. She specifically stated that she never created pressure to take any rented house but the facts remain that the said tenancy was taken in her name and it was not the husband who of his own took such tenancy in the name of his wife.
On consideration of the entire materials on record we, thus, find that from the very beginning the wife and her family, took shelter under the local
organisations controlled by the political party and created pressure upon the husband, first to become a domesticated son-in-law and then to take rented accommodation for the purpose of living separately from the old parents and the dependant sisters of the husband. Even thereafter, she could not be happy and when, the suit was filed after the death of her mother-in-law, she with the help of the local political party entered forcibly in the house of her husband and started criminal proceedings against the husband and the members of his family. However, in Court she took a stance that she was ready to live with her husband. All these facts taken together will lead to the conclusion that she was intolerant in her attitude and her aforesaid acts definitely amounted to cruelty.
Naveen Kohli case here.
Other cases wherein Divorce was granted to Husband here.
Bhaskar Das Vs Renu Das on 19 Jun 2020
Based on Supreme Court decision here, Gauhati High Court held that, filing false criminal cases against husband with a malafide intension is one form of Cruelty and is a solid ground for Divorce.
The cunning knife filed a Review against the above Judgment and even that got tossed into Dustbin.