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Manohar Lal Sharma Vs The Principle Secretary & Others on 17 December, 2013
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Dr.Subramanian Swamy Vs Director, CBI & Anr on 6 May, 2014
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Vineet Narain and Ors Vs Union of India and Anr on 18 December 1997
In this landmark judgment from Hon’ble Supreme Court, it has given a statutory shape to the CVC and to endow it with wider powers including supervision over Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Indeed the Supreme Court, while giving the said directions had relied upon the report of the Independent Review Committee (IRC) comprising Shri B. G. Deshmukh, former Cabinet Secretary, Shri N. N. Vohra, Principal Secretary to the PM and Shri S. V. Giri, Central Vigilance Commissioner, which Committee was constituted under the Government Order dated 8th September, 1997. The directions of the Supreme Court are quite elaborate and they extend to the appointment, powers and functioning of CVC, CBI and ED all designed to insulate the said institutions from political control and to invest them with good amount of independence coupled with accountability.
Citation: [1998 CRI LJ 1208], [1997 SUPREME 10 476], [1998 SLT 1 518], [1997 SCALE 7 656], [1996 AWC SC 1 465], [1998 CRLJ 104 1208], [1998 CCR 1 190], [1998 AIR SC 889], [1998 AIR SC 645], [1998 SCC CR 307], [1998 SCC 1 226], [1997 JT SC 10 247], [1998 CRIMES 1 12], [1997 SUPP SCR 6 595], [1998 GLT 1 11], [1998 RCR CRIMINAL 1 357], [1998 SCC CRI 307]
Other Source links:
https://indiankanoon.org/doc/1203995/
https://www.casemine.com/judgement/in/5609ad17e4b0149711410838#7
Madhav Hayawadanrao Hoskot Vs State Of Maharashtra on 17 August, 1978
Hon’ble Supreme Court held that “Pertinent to the point in the case are two requirements: (i) service of a copy of the judgment to the prisoner in time to file an appeal and (ii) provision of free legal services to a prisoner who is indigent or otherwise disabled from securing legal assistance where the ends of justice call for such service. Both these are. State responsibilities under Art. 21 and apply where procedural law provides. for further appeals as well.“.
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Procedure to find if a person is working in a PF-paying Company
A good friend shared this info with me so, me being myself, sharing it with my world.
- Open the below link:https://unifiedportal-epfo.epfindia.gov.in/publicPortal/no-auth/misReport/home/loadEstSearchHome
- Enter few characters of the company where your suspect may have worked in past or working currently.
- Matching Results show up. Click on View Details link under Action menu
- Once the page refreshes, click on the View Payment Details link towards right hand side.
- A popup opens and shows the payments made by this company into EPFO Office periodically.
- Now pick that month-year combo that you may be interested in under Wage Month column by sorting the data in the columns by clicking on their header. The sorting works weirdly. Click on the number under No. of Employees, it is actually a link.
- I searched for my name and voila…
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Kapil Kumar Beri Vs The State Of Delhi (N.C.T. Of Delhi) on 19 December, 2018
In this judgment from Hon’ble Delhi High Court, it was held that the prosecution could not prove the offence of incest laid on the father.
Per Para 26,
While it is true that the evidence of the prosecutrix deserves to be given weight and in certain circumstances can be acted upon without any corroboration, in cases of incest, there is always a need for greater and more acute scrutiny, inasmuch as such allegations against persons related by blood (own biological father, for example) smack of bestial instinct and total absence of basic human values and discretion. It is sad to note that the trial Judge blindly accepted the prosecution story without going into the aspects which render it highly improbable, virtually impossible. The erroneous approach of the trial court has led to serious miscarriage of justice in the present case unreasonably holding the biological father of raping his own daughter in the teeth of loaded circumstances showing her to be of wayward ways and possibly in liaison with a male acquaintance.
Satish Deka and Ors Vs Jagya Ram Mazumdar on 31 July, 2017
Hon’ble High Court of Gauhati has held that “209 IPC should be complaint from magistrate and not private complaint“.
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The State of Maharashtra Vs Chandrabhan Sudam Sanap
This is the case of rape and murder of TCS employee, Esther Anuhya, in Mumbai, who hailed from Machilipatnam, A.P.
A brief timeline of case:
January 29, 2014 13:14 IST
https://www.indiatoday.in/india/story/mumbai-techie-esther-anuhya-mumbai-police-tcs-178819-2014-01-29
Mar 4, 2014, 12:32 IST
https://timesofindia.indiatimes.com/city/mumbai/Thief-posing-as-cabby-raped-and-killed-techie-Esther-Anuhya/articleshow/31346513.cms
March 05, 2014 15:42
http://www.andhrawishesh.com/375-wishesh-special/44728-a-porter-solves-anuhyas-mysterious-murder-case.html
May 11, 2014 22:23 IST
https://www.ndtv.com/mumbai-news/esther-anuhya-case-accuseds-mother-friend-are-main-witnesses-561330
October 28, 2015 2:05:41 am
https://indianexpress.com/article/india/india-news-india/esther-anuhya-case-was-told-not-to-rely-on-system-but-i-had-faith-in-it-says-father/
Jan 5, 2016, 07:20 AM IST
https://www.dnaindia.com/mumbai/report-why-cracking-esther-murder-case-was-difficult-2162312
October 28, 2015 1:28:57 am
https://indianexpress.com/article/india/india-news-india/esther-anuhya-case-mumbai-court-convicts-chandrabhan-sanap-sentencing-wednesday/
Oct 31, 2018, 07:14 IST
https://timesofindia.indiatimes.com/city/mumbai/horoscope-led-police-to-esthers-killer-hc-told/articleshow/66435777.cms
Dec 20, 2018, 17:49 IST
https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-confirms-death-penalty-in-mumbai-techie-esther-anuhya-rape-and-murder-case/articleshow/67178458.cms
Apex Court acquitted the Convict, stating Prosecution case has holes in it.
Other Sources:
https://indiankanoon.org/doc/61280287/
Dharambir Khattar Vs UOI on 21 November, 2012
Based on the Hon’ble Apex Court’s landmark judgment here, Hon’ble Delhi High Court also ruled that “Therefore, without going into the issue of whether there was non-compliance of the provisions of Section 5(2) or of Rule 419-A, it is clear that even if there was, in fact, no compliance, the evidence gathered thereupon would still be admissible. This is the clear position settled by the Supreme Court and, therefore, no further question of law arises on this aspect of the matter.“.
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