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Category: Supreme Court of India Judgment or Order or Notification

Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991

Posted on October 4, 2020 by ShadesOfKnife

In this landmark judgment, SC reiterated that Right to Speedy trail as established in Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar.

Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991

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

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr Hussainara Khatoon and Ors Vs Home Secretary State Of Bihar Landmark Case Reportable Judgement or Order | Leave a comment

State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020

Posted on October 2, 2020 by ShadesOfKnife

Supreme Court requested AP High Court to expedite the case which was stayed by AP High Court here.

State of Andhra Pradesh Vs Anne Sudheer Babu and Anr on 01 Oct 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh State of Andhra Pradesh Vs Anne Sudheer Babu and Anr | Leave a comment

Sukhar Vs State of Uttar Pradesh on 1 October 1999

Posted on September 27, 2020 by ShadesOfKnife

Supreme Court explained the Section 6 of Evidence Act.

 

Section 6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible. But for bringing such hearsay evidence within the provisions of Section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. The statements sought to be admitted, therefore, as forming part of res gestae, must have been made contemporaneously with the acts or immediately thereafter. The aforesaid rule as it is stated in Wigmores Evidence Act reads thus: Under the present Exception [to hearsay] an utterance is by hypothesis, offered as an assertion to evidence the fact asserted (for example that a car-brake was set or not set), and the only condition is that it shall have been made spontaneously, i.e. as the natural effusion of a state of excitement. Now this state of excitement may well continue to exist after the exciting fact has ended. The declaration, therefore, may be admissible even though subsequent to the occurrence, provided it is near enough in time to allow the assumption that the exciting influence continued.

… and…

Sarkar on Evidence (Fifteenth Edition) summarises the law relating to applicability of Section 6 of the Evidence Act thus:

1. The declarations (oral or written must relate to the act which is in issue or relevant thereto; they are not admissible merely because they accompany an act. Moreover the declarations must relate to and explain the fact they accompany, and not independent facts previous or subsequent thereto unless such facts are part of a transaction which is continuous.
2. The declarations must be substantially contemporaneous with the fact and not merely the narrative of a past.
3. The declaration and the act may be by the same person, or they may be by different persons, e.g., the declarations of the victim, assailant and bystanders. In conspiracy, riot &c.the declarations of all concerned in the common object are admissible.
4. Though admissible to explain or corroborate, or to understand the significance of the act, declarations are not evidence of the truth of the matters stated.

 

Sukhar Vs State of Uttar Pradesh on 1 October 1999
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Evidence Act 6 - Relevancy of facts forming part of same transaction (Res Gestae) Sukhar Vs State of Uttar Pradesh | Leave a comment

Rohtash Vs State of Haryana on 22 May 2012

Posted on September 24, 2020 by ShadesOfKnife

This case emphasizes the importance of examination of material witnesses in proving the allegations of Demand for Dowry, the lack of which results in Acquittal of accused persons.

Rohtash Vs State of Haryana on 22 May 2012

Citations: [2012 ACR 3002], [2012 AIR SC 2297], [2012 ALD CRI 2 340], [2012 JLJR 4 97], [2012 NCC 2 308], [2012 RCR CRIMINAL 5 799], [2012 RLW SC 4 3745], [2012 SCALE 5 578], [2012 SCC 6 589], [2012 UC 2 1310], [2012 SCC CRI 3 287], [2012 SCC ONLINE SC 457], [2012 AIC 115 87], [2012 GUJLR 3 2199], [2012 CUTLT 114 1107], [2013 SCJ 4 636], [2012 SLT 7 1], [2012 AIOL 239], [2012 AIR SC 3318], [2012 CRIMES SC 2 324], [2012 CRLJ SC 3189], [2012 JT 5 451], [2012 SUPREME 4 88], [2012 KCCR SN 4 228], [2012 DMC 3 323], [2012 DLT CRI 3 6], [2012 MAHLJ CRI 4 97], [2012 CUT LT 114 1107], [2012 GUJ LR 3 2199], [2012 AIR SCW 3318], [2012 RCR CRIMINAL SC 4 539]

Other Sources:

https://indiankanoon.org/doc/146360566/

https://www.casemine.com/judgement/in/5609af20e4b0149711415aff

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Acquitted in IPC 498A Non Production of Material Witness Reportable Judgement or Order Rohtash Vs State of Haryana | Leave a comment

State of AP Vs Dammalapati Srinivas

Posted on September 21, 2020 by ShadesOfKnife

After the High Court of AP granted stay on all further investigation here, State went to Apex Court challenging the Stay order.

Diary No.- 20400 – 2020

On 25-Nov-2020, Supreme Court has Stayed the High Court gag order alone. Rest of the Order remain as it is.

State of Andhra Pradesh Vs Dammalapati Srinivas and Ors on 25 Nov 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.

Posted in Supreme Court of India Judgment or Order or Notification | Leave a comment

Abhilasha Vs Parkash and Ors on 15 Sep 2020

Posted on September 16, 2020 by ShadesOfKnife

The major-daughter here tried to grab maintenance from father under 125 CrPC showing that father has such responsibility under HAMA. Supreme Court said no-no.

Abhilasha Vs Parkash and Ors on 15 Sep 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abhilasha Vs Parkash and Ors CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Denied | Leave a comment

Ashwani Kumar Upadhyaya Vs Union of India and others

Posted on September 11, 2020 by ShadesOfKnife

Advocate Ashwani Kumar Upadhyaya had filed this Writ Petition way back in 2016 (2016-09-06) and still the Supreme Court is working on it.

 

On 2020-03-05:

A 13-column format was finalized to be filled by High Courts, as not many High Courts supplied Amicus with required information. Amicus email id is given wherein the Crime data was to be sent.

Ashwani Kumar Upadhyaya Vs Union of India and others on 05 Mar 2020

On 2020-08-31:

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 31 Aug 2020

 


On 2020-09-10:

Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and others

Order from Court:

Ashwani Kumar Upadhyaya Vs Union of India and others on 10 Sep 2020

On 2020-09-16:

Directions were passed to CJs of High Courts for monitoring and expediting the disposal of the criminal cases.

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 16 Sep 2020

On 2020-10-06:

Supplementary Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and Ors Supp Report

On 2020-11-02:

Supplementary Submission (12th Report) of the Amicus Curiae:

2020-11-02 Ashwani Kumar Upadhyaya Vs Union of India and Ors Report_compressed

On 2020-11-02:

Further directions were passed by the Court

2020-11-04 Ashwani Kumar Upadhyaya Vs Union of India and Ors

On 2021-08-10:

In view of the law laid down by this Court, we deem it appropriate to direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court.

Ashwini Kumar Upadhyay Vs UOI and Anr on 10 Aug 2021

On 2021-08-11:

The table given in previous day order was amended to include new column, ‘Whether Video Conferencing facility is available’.

Ashwini Kumar Upadhyay Vs UOI and Anr on 11 Aug 2021

On 2021-08-25:

This is the 14th Status Report by Amicus Curiae:

2021-08-24 14th-amicus-report-filed-on-24082021

Here is the Order passed.

Ashwini Kumar Upadhyay Vs UOI and Anr on 25 Aug 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Ashwini Kumar Upadhyay Vs Union of India and Ors Landmark Case Public Interest Litigation | Leave a comment

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Posted on September 4, 2020 by ShadesOfKnife

Supreme Court held that for offences under 191 and 192 IPC, procedure under 340 CrPC has to be followed and perjury application for such offences cannot be turned into private complaints under 190 CrPC.

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Citations: [2020 SCC ONLINE SC 707], [(2020)20 SCC 1]

Other Sources:

https://indiankanoon.org/doc/141105348/

https://www.casemine.com/judgement/in/5f567c183321bc6ce2ef6f51

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=13132

https://www.indianemployees.com/judgments/details/m-s-bandekar-brothers-pvt-ltd-anr-versus-prasad-vassudev-keni-etc-etc


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 read with CrPC 195 Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni Perjury Under Section 340 CrPC | Leave a comment

State of Karnataka Vs Common Cause and Ors on 18 March 2016

Posted on September 3, 2020 by ShadesOfKnife

Many State Governments filed Review Petition and got SC to allow them (Central Ministers in lieu of Prime Minister, State Ministers in lieu of Chief Minister) to feature in Government-funded Advertisements.

State of Karnataka Vs Common Cause and Ors on 18 March 2016

Citations:

Other Sources:

https://indiankanoon.org/doc/127552520/


Earlier Judgment here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc PIL - Photos of Politicians in Government Advertising Review Petition at Supreme Court State of Karnataka Vs Common Cause and Ors | Leave a comment

Common Cause Vs Union of India on 13 May 2015

Posted on September 3, 2020 by ShadesOfKnife

Supreme Court deprecated the practice of using the photographs of politicians on Government Advertisements.

(1) publication of photographs of the Government functionaries and political leaders along with the advertisement(s).
(2) appointment of an Ombudsman
(3) the recommendation with regard to performance audit by each Ministry.
(4) embargo on advertisements on the eve of the elections.

Common Cause Vs Union of India on 13 May 2015

Citations: [2015 ABR 4 219], [2015 SCC 7 1], [2015 SCC ONLINE SC 479], [2015 KERLT 2 739], [2015 KLT 2 739]

Other Sources:

https://indiankanoon.org/doc/177370809/

https://www.casemine.com/judgement/in/5790b298e561097e45a4e2fd


State Governments filed Review Petition and got SC to allow them (Central Ministers in lieu of Prime Minister, State Ministers in lieu of Chief Minister) to feature in Advertisements here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Common Cause Vs Union of India Landmark Case PIL - Photos of Politicians in Government Advertising State functionaries' Photographs in Govt Advertisements | Leave a comment

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