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Category: Judicial Activism (for Public Benefit)

Babu Singh And Ors Vs The State Of U.P on 31 January, 1978

Posted on December 29, 2018 by ShadesOfKnife

 

Babu Singh And Ors Vs The State Of U.P on 31 January, 1978

Citation: 1978 AIR 527, 1978 SCR (2) 777

Indiankanoon link: https://indiankanoon.org/doc/1515744/


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Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty Babu Singh And Ors Vs The State Of U.P. Right to Bail Work-In-Progress Article | Leave a comment

Shantistar Builders Vs Narayan Khimalal Gotame & Ors. Etc on 17 November, 1995

Posted on December 29, 2018 by ShadesOfKnife

 

Shantistar Builders Vs Narayan Khimalal Gotame & Ors. Etc on 17 November, 1995

Citation: 1996 AIR 786, 1996 SCC (1) 233

Indiankanoon link: https://indiankanoon.org/doc/1606330/

Original judgment is here.


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Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty Right to Shelter Shantistar Builders Vs Narayan Khimalal Gotame and Ors. Etc Work-In-Progress Article | Leave a comment

M/S. Shantistar Builders vs Narayan Khimalal Totame And Others on 31 January, 1990

Posted on December 29, 2018 by ShadesOfKnife

This judgment from Hon’ble Apex Court held that Right to Shelter flows from Article 21 of Constitution of India.

From Para 13,

In recent years on account of erosion of the value of the rupee, rampant prevalence of black money and dearth of urban land, the value of such land has gone up sky-high. It has a became impossible for any member of the weaker sections to have residential accommodation anywhere and much less in urban areas. Since a reasonable residence is an indispensable necessity for fulfilling the constitutional goal in the matter of development of man and should be taken as included in ‘life’ in Article 21, greater social control is called for and exemptions granted under Section 20 and 21 should have to be appropriately monitored to have the fullest benefit of the beneficial legislation. We, therefore, commend to the Central Government to prescribe appropriate guidelines laying down the true scope of the term ‘weaker sections of the society’ so that everyone charged with administering the statute would find it convenient to implement the same.

MS. Shantistar Builders Vs Narayan Khimalal Totame And Others on 31 January, 1990

Citation: AIR 1990 SC 630, (1990) 92 BOM LR 145, JT 1990 (1) SC 106, 1990 (1) SCALE 86, (1990) 1 SCC 520, 1990 (1) UJ 379 SC

Indiankanoon link: https://indiankanoon.org/doc/1813295/

A follow up judgment from 1995 is here.


Many later judgments are available here.


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Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty M/S. Shantistar Builders vs Narayan Khimalal Totame And Others Right to Shelter | Leave a comment

Frivolous Public Interest Litigation (PILs)

Posted on December 24, 2018 by ShadesOfKnife

Just documenting Frivolous PILs and consequences thereof.

https://www.tribuneindia.com/news/nation/sc-slaps-rs-25-lakh-cost-on-activist-over-frivolous-pil/431186.html

https://www.deccanchronicle.com/nation/current-affairs/010517/sc-slaps-rs-25-lakh-cost-on-ngo-for-wasting-judicial-time.html

https://www.indiatoday.in/india/story/lawyer-fined-rs-25-000-for-filing-pil-to-lower-marriage-age-of-men-1372719-2018-10-22

http://www.ptinews.com/news/10245952_SC-dismisses-CJAR-s-curative-plea.html

https://www.livelaw.in/if-your-client-file-one-more-improper-pil-we-will-ban-him-sc-dismisses-bjp-leaders-plea-for-imposing-rs-2000-upper-limit-on-cash-donations-to-political-parties/

https://www.livelaw.in/news-updates/ngt-serial-pil-filer-disclose-source-litigation-funding-warns-debarment-142154


 

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Frivoluos Public Interest Litigation Summary Post Work-In-Progress Article | Leave a comment

Compensation for Accident Victims and Families of Accident Victims

Posted on December 24, 2018 by ShadesOfKnife

Accidents have risen over years in India and deaths occurring in such accidents have also risen considerably. To give relief to the victims of such accidents and the families of victims who lost their life, both Government and Supreme Court have issued appropriate directions. The below is same for everyone’s benefit.

https://www.hindustantimes.com/india-news/fir-enough-to-award-compensation-to-accident-victim-or-the-family-says-supreme-court/story-9Yh2KMuRcLn9ZZaI2TLusI.html

https://timesofindia.indiatimes.com/india/damages-for-road-accident-victims-to-increase-10-fold/articleshow/64130148.cms

https://www.thehindubusinessline.com/news/kin-of-road-accident-victims-to-get-5-lakh-compensation/article23971743.ece

https://timesofindia.indiatimes.com/india/kin-seek-rs-25-lakh-for-accident-death-sc-awards-them-rs-50-lakh/articleshow/66929120.cms

https://www.livelaw.in/centre-amends-motor-accident-compensation-scale-under-no-fault-liability/

Here is the Amendment to the MV Act 1988 fixing the compensation of 5 lakh rupees in case of accidental death.

Ministry of Road Transport and Highways Notification

Similarly, for train accidents too while boarding/de-boarding.

https://www.livelaw.in/victim-entitled-to-compensation-when-death-or-injury-is-in-the-course-of-boarding-or-de-boarding-a-train-sc-resolves-conflicting-views-in-railway-accident-claims-matters-read-judgment/


Of course, in appropriate cases, criminal proceedings can also be initiated under Section 304A in The Indian Penal Code


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Posted in Judicial Activism (for Public Benefit) | Tagged Grant Compensation In Accidental Deaths Work-In-Progress Article | Leave a comment

Achievements of Shri. Mahesh Chandra Mehta

Posted on December 23, 2018 by ShadesOfKnife

 

https://indiankanoon.org/doc/73307198/

https://indiankanoon.org/doc/39655171/

https://indiankanoon.org/doc/1486949/

M.C. Mehta v. Union of India – Ganga Pollution Case – Case Summary


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Posted in Judicial Activism (for Public Benefit) | Tagged Work-In-Progress Article | Leave a comment

Important Dates for Men and their Rights

Posted on December 9, 2018 by ShadesOfKnife

Listed some important Calendar Dates for Men and the struggle to realize their rights, including other dates celebrated as part of family bonding which includes, Fathers, Mothers, Brothers, Sisters and Grandparents.

January

  • 15th is Army Day

February

  • 4th is World Cancer Day. More here

March

April

May

  • Second Sunday of May is Mother’s Day. Founder Decries commercialization of Mother’s Day. Founder boycotts Mother’s Day. More news.
  • 16th is International Day of Boy Child

June

  • 3rd Sunday of June is Father’s Day. More here

July

August

September

  • 10th is World Suicide Prevention Day, More here
  • 29th is World Heart Day
  • 4th Sunday of September is Daughters day
  • September is Prostate Cancer Awareness Month, in Australia, in India

October

  • 10th is World Mental Health Day,
  • 11th is International Day of the Girl Child
  • Second Thursday of October is World Sight Day

November

  • 19th is International Men’s Day

December

  • 10th is International Human Rights Day

 

Posted in Judicial Activism (for Public Benefit) | Leave a comment

Road Safety

Posted on December 9, 2018 by ShadesOfKnife

Some of the areas to focus

  • Doesn’t follow traffic signal
  • Signal jumping
  • Talking on phone while driving
  • Using headphones or earphones while driving
  • Lane cutting
  • No heavy fines (Finland fines. Details here and here)
  • re-design roads similar to Singapore and Malaysia.
  • Wrong side driving
  • One way violation
  • Jay walking
  • Zebra line crossing
  • Speed breakers (or may be type piercing/punchuring plates) at all signals
  • Install automatic road-blockers on all junctions. Hint: https://twitter.com/lnkandpal/status/1627861972980203520?t=D04nB-zkeR86_ERV-bjjHw&s=09
  • CCTV Cameras in ALL junctions and one-ways.
  • Shame the Traffic Rule violator. Huge screens will project whoever crosses zebraline, jumps signal, with auto-audio annoucements of the vehicle make/model and registration number
  • Increase tree cover (a research here)
  • Implement automatic open-shut doors which operate based on token which is paid as Platform ticket. No person will be allowed into stations, who has no business to be in.

 


 

Posted in Judicial Activism (for Public Benefit) | Leave a comment

People’s Union For Democratic Rights & Others Vs Union Of India & Others on 18 September, 1982

Posted on December 7, 2018 by ShadesOfKnife

 

People's Union For Democratic Rights & Others Vs Union Of India & Others on 18 September, 1982

Citation: AIR 1982 SC 1473, 1983 SCR (1) 456

Indiakanoon link: https://indiankanoon.org/doc/496663/


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Posted in Judicial Activism (for Public Benefit) | Tagged Article 21 - Protection of life and personal liberty People's Union For Democratic Rights and Others Vs Union Of India and Others Right to Minimum Wages Work-In-Progress Article | Leave a comment

Writ Petition in High Court of AP to get 125 CrPC Stuck Down from CrPC Statute

Posted on December 7, 2018 by ShadesOfKnife

Taking lead from here, Here is the structure to the contents of the proposed Writ Petition to get 125 CrPC Stuck Down from CrPC Statute to be filed in High Court of AP in 2019.

 

Problem Statement:

To show violation of a Fundamental Right bestowed upon all citizens by Article 21 of Constitution of India, for it is only for enforcement right that a writ petition can be maintained in this Court under Article 226.


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Posted in Judicial Activism (for Public Benefit) | Tagged PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Work-In-Progress Article | Leave a comment

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