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Category: Supreme Court of India Judgment or Order or Notification

Bandhua Mukti Morcha Vs Union of India and Ors on 16 Dec 1983

Posted on October 13, 2020 by ShadesOfKnife

Justice P.N. Bhagawati held as follows…

It is the fundamental right of every one in this Country, assured under the interpretation given to Article 21 by this Court in Francis Mullen’s case, to live with human dignity, free from exploitation. This right to live with human dignity, enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Article 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials. Since the Directive Principles of State Policy contained in clauses (e) and (f) of Article 39, Article 41 and 42 are not enforceable in a court of law, it may not be possible to compel the State through the judicial process to make provision by statutory enactment or executive fiat for ensuring these basic essentials which go to make up a life of human dignity but where legislation is already enacted by the State providing these basic requirements to the workmen and thus investing their right to live with basic human dignity, with concrete reality and content, the State can certainly be obligated to ensure observance of such legislation for inaction on the part of the State in securing implementation of such legislation would amount to denial of the right to live with human dignity enshrined in Article 21, more so in the context of Article 256 which provides that, the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State.

Bandhua Mukti Morcha Vs Union of India and Ors on 16 Dec 1983

Citations : [1984 AIR SC 802], [1984 SCC 3 161], [1984 SCR 2 67], [1983 SCALE 2 1151], [1984 SCC L&S 389], [1984 LABIC 560], [1984 LLN 2 60], [1984 UJ 16 29], [1984 AIR 802], [1984 LAB IC 560]

Other Sources :

https://indiankanoon.org/doc/595099/

https://www.casemine.com/judgement/in/5609ac0fe4b014971140dea7


List of other case laws around Article 21 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Bandhua Mukti Morcha Vs Union of India and Ors Right to Live with Human Dignity | Leave a comment

State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr on 10 Sep 2015

Posted on October 11, 2020 by ShadesOfKnife

After giving some inputs to Law commission and Bar Council of India in this para,

16. The interest of justice may suffer if the counsel conducting the trial is physically or mentally unfit on account of any disability. The interest of the society is paramount and instead of trials being conducted again on account of unfitness of the counsel, reform may appear to be necessary so that such a situation does not arise. Perhaps time has come to review the Advocates Act and the relevant Rules to examine the continued fitness of an advocate to conduct a criminal trial on account of advanced age or other mental or physical infirmity, to avoid grievance that an Advocate who conducted trial was unfit or incompetent. This is an aspect which needs to be looked into by the concerned authorities including the Law Commission and the Bar Council of India.

Supreme Court passed these reasons for not recalling a witness

29. We may now sum up our reasons for disapproving the view of the High Court in the present case:
(i) The trial court and the High Court held that the accused had appointed counsel of his choice. He was facing trial in other cases also. The earlier counsel were given due opportunity and had duly conducted cross-examination. They were under no handicap;
(ii) No finding could be recorded that the counsel appointed by the accused were incompetent particularly at back of such counsel;
(iiii) Expeditious trial in a heinous offence as is alleged in the present case is in the interests of justice;
(iv) The trial Court as well as the High Court rejected the reasons for recall of the witnesses;
(v) The Court has to keep in mind not only the need for giving fair opportunity to the accused but also the need for ensuring that the victim of the crime is not unduly harassed;
(vi) Mere fact that the accused was in custody and that he will suffer by the delay could be no consideration for allowing recall of witnesses, particularly at the fag end of the trial;
(vii) Mere change of counsel cannot be ground to recall the witnesses;
(viii) There is no basis for holding that any prejudice will be caused to the accused unless the witnesses are recalled;
(ix) The High Court has not rejected the reasons given by the trial court nor given any justification for permitting recall of the witnesses except for making general observations that recall was necessary for ensuring fair trial. This observation is contrary to the reasoning of the High Court in dealing with the grounds for recall, i.e., denial of fair opportunity on account of incompetence of earlier counsel or on account of expeditious proceedings;
(x) There is neither any patent error in the approach adopted by the trial court rejecting the prayer for recall nor any clear injustice if such prayer is not granted.

Citations : [2016 ACR SC 1 142], [2016 ALT CRL AP 1 167], [2016 MPJR 1 1], [2016 NCC 1 393], [2016 SCC 2 402], [2016 SCJ 1 93], [2015 AIR SC 3501], [2015 AD SC 10 165], [2015 ALLCC 91 640], [2015 BOMCR CRI 4 366], [2015 CCR SC 3 468], [2015 CRILJ 4640], [2015 CRIMES SC 4 1], [2015 JLJR 4 97], [2015 PLJR 4 258], [2015 RCR CRIMINAL 4 312], [2015 RLW SC 4 3271], [2015 SCALE 9 649], [2015 UC 3 1794], [2016 SCC CRI 1 510], [2015 SCC ONLINE SC 799], [2015 AIC 155 68], [2015 CRI LJ 4640]

Other Sources :

https://indiankanoon.org/doc/33982557/

https://www.casemine.com/judgement/in/5790b391e561097e45a4e3ea

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 309 - Power to Postpone or Adjourn Proceedings CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr | Leave a comment

P. Ramachandra Rao Vs State of Karnataka on 16 Apr 2002

Posted on October 11, 2020 by ShadesOfKnife

Guidelines around fixed timelines given by earlier SC judgments were deleted in this 5-Judge judgment in respect of u/s 468 CrPC

P. Ramachandra Rao Vs State of Karnataka on 16 Apr 2002

Concurring opinion from Justice Doraiswamy Raju.

P. Ramachandra Rao Vs State of Karnataka on 16 Apr 2002 (DoraiswamyRaju J)

Citations : 2002 MHLJ SC 3 1452002 SUPREME 3 2602002 SCC 4 5782002 SCALE 3 4972002 MPLJ SC 3 32002 CRLJ SC 25472002 AIR SC 18412002 BOMCR CRI SC 8592002 AIR SC 18562002 SCR 3 602012 SCC 9 4302002 PLJR 3 2292002 KLT SC 2 1892002 WLN 4 7512002 CRIMES SC 2 2002002 JCR SC 2 2732002 RCR CRIMINAL 2 5532002 OLR 1 6972002 SCR 3 682002 UC 2 2072002 JT SC 4 922002 ALD CRI 1 7922002 GLH 2 5182002 ACR SC 2 13822002 CRILJ 25472002 GLR 2 15492002 SCC CRI 8302002 MHLJ 3 1452002 AIR SCW 18412002 MPLJ SC 3

Other Sources:

https://indiankanoon.org/doc/516669/

https://www.casemine.com/judgement/in/5609adb4e4b014971141208d

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes P. Ramachandra Rao Vs State of Karnataka Reportable Judgement or Order | Leave a comment

Ambika Prasad and Anr Vs State (Delhi Administration) on 21 Jan 2000

Posted on October 11, 2020 by ShadesOfKnife

Supreme Court held as follows when Cross-examination of a Prosecution witness was adjourned/deferred to over 1 year.

It is also to be pointed out that PW4 Vikram Singh (informant) who had lodged FIR immediately was under constant threat and was compelled not to speak the truth despite the fact that he was the brother of deceased. Other witnesses also turned hostile including PW6 Prem Singh son of Pratap Singh and PW8 Rattan Lal, which indicates, as observed by the High Court, that accused party was stronger in terms of money power and muscle power. At this stage, we would observe that the Sessions Judge ought to have followed the mandate of Section 309 Cr.P.C. of completing the trial by examining the witnesses from day to day and not giving a chance to accused to threaten or win over the witnesses so that they may not support the prosecution. It appears from the record that examination-in-chief of PW4 Vikram Singh was over on 06.2.1984. The counsel representing Ambika Prasad requested the court that because of his uncles demise, he would not be in a position to cross-examine the witness and, therefore, recording of further cross-examination might be adjourned. Thereafter, the witness was cross-examined in the month of July, 1985. In our view, this is highly improper. Even if the request for adjournment of the learned counsel for the accused was accepted, the cross-examination ought not to have been deferred beyond two or three days.

Ambika Prasad and Anr Vs State (Delhi Administration) on 21 Jan 2000

Citations : [2000 ACR SC 1 282], [2000 AIR SC 718], [2000 ALD CRI 1 460], [2000 CRI LJ 810], [2000 JT SC 1 273], [2000 RCR CRIMINAL 1 64], [2000 SCALE 1 219], [2000 SCC 2 646], [2000 SCR 1 342], [2000 SCC CRI 522], [2000 DLT 83 476], [2000 AIR SC 719], [2000 SCC 2 464], [2000 ACC 40 462], [2000 SCO 2 646], [2000 AIR SC 253], [2000 CRIMES SC 2 63], [2000 SUPREME 2 633], [2000 CRLJ 106 810], [2000 CCR 1 130], [2000 RCR CRIMINAL 1 643], [2000 SCJ 2 472], [2000 SLT 1 442], [2000 SRJ 2 235], [2000 JCC SC 1 197], [2000 SCC SC 1 197], [2000 CRIMES 2 63], [2000 CRLJ SC 810], [2000 RECENTCR 1 643], [2000 AIR SCW 253]

Other Sources :

https://indiankanoon.org/doc/151141/

https://www.casemine.com/judgement/in/5609ad6ee4b014971141165e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ambika Prasad and Anr Vs State (Delhi Administration) CrPC 309 - Power to Postpone or Adjourn Proceedings Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Delhi Administration Vs Vishwanath Lugnani and Ors on 30 Jul 1980

Posted on October 11, 2020 by ShadesOfKnife

Since the prosecution wasted years in bringing in the prosecution witnesses to Court for examination, Trial Court denied to provide any adjournments. High Court held it correct.

Delhi Administration Vs Vishwanath Lugnani and Ors on 30 Jul 1980

Citations : [1981 AIR SC 1239], [1981 SUPP SCC 1 64], [1982 SCC CRI 139], [1980 CAR 343], [1980 CRLR 470], [1980 UJ SC 832], [1981 CRLJ SC 745]

Other Sources:

https://indiankanoon.org/doc/1828992/

https://www.casemine.com/judgement/in/5609abece4b014971140da6a#

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Condone Delay Judgments CrPC 309 - Power to Postpone or Adjourn Proceedings Prevent Delays In Court Proceedings | Leave a comment

M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020

Posted on October 10, 2020 by ShadesOfKnife

This is a 498A/304B IPC Case. Parents of husband were discharged on application. Husband was denied suspension of Sentence while the Appeal at High Court was pending disposal. Supreme Court granted Bail to Husband.

M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020

The impugned judgment from Telangana High Court is below

M.Radha Hari Seshu Vs State of Telangana on 20 Mar 2019

Here is the Sessions Court Judgment

State of Telangana Vs M. Radha Hari Seshu on 14 Dec 2016
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 239 - Discharged CrPC 389 - Suspension of sentence pending the appeal; release of appellant on bail M. Radha Hari Seshu Vs State of Telangana Non-Reportable Judgement or Order | Leave a comment

Vinod Kumar Vs State of Punjab on 21 Jan 2015

Posted on October 9, 2020 by ShadesOfKnife

Justice Dipak Misra decried the practice of Trial/Session Court judges in giving adjournments on mere asking by the parties, in spite of the presence of the witnesses willing to be examined fully.

From Para 41,

41. Before parting with the case we are constrained to reiterate what we have said in the beginning. We have expressed our agony and anguish the manner in which trials in respect of serious offences relating to corruption are being conducted by the trial courts. Adjournments are sought on the drop of a hat by the counsel, even though the witness is present in court, contrary to all principles of holding a trial. That apart, after the examination-in-chief of a witness is over, adjournment is sought for cross-examination and the disquieting feature is that the trial courts grant time. The law requires special reasons to be recorded for grant of time but the same is not taken note of. As has been noticed earlier, in the instant case the cross-examination has taken place after a year and 8 months allowing ample time to pressurize the witness and to gain over him by adopting all kinds of tactics. There is no cavil over the proposition that there has to be a fair and proper trial but the duty of the court while conducting the trial to be guided by the mandate of the law, the conceptual fairness and above all bearing in mind its sacrosanct duty to arrive at the truth on the basis of the material brought on record. If an accused for his benefit takes the trial on the path of total mockery, it cannot be countenanced. The Court has a sacred duty to see that the trial is conducted as per law. If adjournments are granted in this manner it would tantamount to violation of rule of law and eventually turn such trials to a farce. It is legally impermissible and jurisprudentially abominable. The trial courts are expected in law to follow the command of the procedure relating to trial and not yield to the request of the counsel to grant adjournment for non-acceptable reasons. In fact, it is not all appreciable to call a witness for cross-examination after such a long span of time. It is imperative if the examination-in-chief is over, the cross-examination should be completed on the same day. If the examination of a witness continues till late hours the trial can be adjourned to the next day for cross-examination. It is inconceivable in law that the cross-examination should be deferred for such a long time. It is anathema to the concept of proper and fair trial. The duty of the court is to see that not only the interest of the accused as per law is protected but also the societal and collective interest is safe-guarded. It is distressing to note that despite series of judgments of this Court, the habit of granting adjournment, really an ailment, continues. How long shall we say, “Awake! Arise!”. There is a constant discomfort. Therefore, we think it appropriate that the copies of the judgment be sent to the learned Chief Justices of all the High Courts for circulating the same among the learned trial Judges with a command to follow the principles relating to trial in a requisite manner and not to defer the cross-examination of a witness at their pleasure or at the leisure of the defence counsel, for it eventually makes the trial an apology for trial and compels the whole society to suffer chicanery. Let it be remembered that law cannot allowed to be lonely; a destitute.

Vinod Kumar Vs State of Punjab on 21 Jan 2015

Citations: [2015 SCC 3 220], [2015 SCC ONLINE SC 53]

Other Sources:

https://indiankanoon.org/doc/188951670/

https://www.casemine.com/judgement/in/581180e72713e179479dda10


This was followed in this decision here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 309 - Power to Postpone or Adjourn Proceedings Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Prevent Delays In Court Proceedings Reportable Judgement or Order Sandeep Pamarati Vinod Kumar Vs State of Punjab | Leave a comment

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Posted on October 6, 2020 by ShadesOfKnife

This is regarding adoption criteria under section 10() of Hindu Adoptions and Maintenance Act 1956, which reads as follows,

10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:―
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.


From Para 16,

16. The aforesaid decision is squarely applicable to the facts and circumstances of the present case. The Andhra Pradesh High Court has recognized such a custom among the “Kamma” community of Andhra Pradesh of taking in adoption of a person even above the age of 15 years of age and has held the same to be legal and valid.

 

Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010

Citations: 2010 JT 12 4412011 AIR SC 5452010 CTC 6 5552010 SCJ 8 5992011 MLJ 1 7422011 ALT 1 312010 CLT 4 4612010 SLT 8 3982011 CUTLT SUPPL 8222010 AIOL 7842010 ALLMR SC 6 9792011 RCR CIVIL SC 2 972010 SCALE 12 1572010 SCC 14 4662010 SUPREME 7 8682012 SCC CIV 1 6442010 ALR 83 8812010 AIC 96 92011 CHN 1 217

Other Sources:

https://indiankanoon.org/doc/663319/

https://www.casemine.com/judgement/in/5609aedae4b0149711414e5d


AP High Court Order here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji HAM Act 10 - Persons who may be Adopted Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012

Posted on October 6, 2020 by ShadesOfKnife

Shri Dalveer Bhandari J has held so with regards to civil cases such as DVC, HMA24 etc…

42. In civil cases, adherence to Section 30 CPC would alsohelp in ascertaining the truth. It seems that this provision which ought to be frequently used is rarely pressed in serviceby our judicial officers and judges. Section 30 CPC reads as under:-
30. Power to order discovery and the like. –
Subject to such conditions and limitations as may be prescribed, the Court may, at any time either of its own motion or on the application of any party, –
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit

Regarding punishing perjurers:

82. This Court in a recent judgment in Ramrameshwari Devi aptly observed at p. 266, para 43 that unless wrongdoers are denied profit from frivolous litigation, it would be difficult to prevent it. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that the court’s otherwise scarce time is consumed or more appropriately, wasted in a large number of uncalled for cases. In this very judgment, the Court provided that this problem can be solved or at least can be minimised if exemplary costs is imposed for instituting frivolous litigation. The Court observed at pp. 267-68, para 58 that imposition of actual, realistic or proper costs and/or ordering prosecution in appropriate cases would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings.

Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012

Citations: [2012 SCC CIV 3 126], [2012 AIR SC 1727], [2012 AIR SC 2162], [2012 RCR CIVIL SC 2 441], [2012 SCALE 3 550], [2012 AIR BOMR 3 857], [2012 AIOL 139], [2012 SLT 2 753], [2012 JT 3 451], [2012 BOMCR SC 4 75], [2012 CCC SC 2 344], [2012 SUPREME 2 602], [2012 SCC 5 370], [2012 SCC ONLINE SC 281], [2012 ALR 92 251], [2012 LW 3 111], [2012 AIC 113 212], [2012 ALD 4 1], [2012 ALT SC 3 518], [2012 AWC SC 4 3645], [2012 CUT LT 114 437], [2012 SCSUPPL CHN 3 1]

Other Sources:

https://indiankanoon.org/doc/100486606/

https://www.casemine.com/judgement/in/5609af13e4b014971141585f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Costs for Perjury CPC Order 11 - Discovery and Inspection CrPC 309 - Power to Postpone or Adjourn Proceedings Interrogatories Justice Dalveer Bhandari Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs Perjury - Initiate Prosecution Perjury Under Section 340 CrPC Reportable Judgement or Order | Leave a comment

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

Posted on October 4, 2020 by ShadesOfKnife

Another landmark judgment which emphasizes that Right to Speedy Trial is integral to Article 21 of Constitution.

Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001

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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Catena of Landmark Judgments Referred/Cited to Landmark Case Reportable Judgement or Order Right to Speedy Trial Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors | Leave a comment

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