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Tag: Article 21 – Protection of life and personal liberty

Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022

Posted on January 6 by ShadesOfKnife

A division bench of Kerala High Court held that, if parties to certain cases insist that their personal details be erased from the Court systems, the Registry will oblige and not publish the same on it’s website.

From Para 64,

64. In summation, we hold as follows:
i. We declare that a claim for the protection of personal information based on the right to privacy cannot co-exist in an Open Court justice system.
ii. We hold that right to be forgotten cannot be claimed in current proceedings or in a proceedings of recent origin. It is for the Legislature to fix grounds for the invocation of such a right. However, the Court, having regard to the facts and circumstances of the case and duration involved related to a crime or any other litigation, may permit a party to invoke the above rights to de-index and to remove the personal information of the party from search engines. The Court, in appropriate cases, is also entitled to invoke principles related to the right to erasure to allow a party to erase and delete personal data that is available online.
iii. We declare and hold that in family and matrimonial cases, arising from the Family Court jurisdiction or otherwise and also in other cases where the law does not recognise the Open Court system, the Registry of the Court shall not publish personal information of the parties or shall not allow any form of publication containing the identity of the parties on the website or on any other information system maintained by the Court if the parties to such litigation so insist.
iv. We hold that the Registry of the High Court is bound to publish privacy notices on its website in both English and Vernacular languages.

Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Referred to Large Bench Reportable Judgement or Order Right to be Forgotten Right to Privacy Vysakh K.G. Vs Union of India and Anr | Leave a comment

Suprit Ishwar Divate Vs State of Karnataka on 10 Jun 2022

Posted on June 30, 2022 by ShadesOfKnife

A division bench of Karnataka High Court said, provide body cameras to all officers conducting arrests so that a record of the arrest may be made. Also ordered compensation be paid for hand cuffing the accused.

Suprit Ishwar Divate Vs State of Karnataka on 10 Jun 2022
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Grant Compensation For Hand Cuffing Issued or Recommended Guidelines or Directions or Protocols to be followed Right against Hand Cuffing Right against Parading accused in General Public Suprit Ishwar Divate Vs State of Karnataka | Leave a comment

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Posted on May 31, 2022 by ShadesOfKnife

A division bench of Punjab and Haryana High Court held as follows,

(57) In our opinion, non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure. It is violative of Art.21 of the Constitution of India.

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Citations :

Other Sources :

https://legiteye.com/in-cwp-5492-2022-om-punj-hc-non-supply-of-copy-of-look-out-circular-to-person-travelling-abroad-is-not-fair-and-reasonable-procedure-holds-ph-hc-justices-ramachandra-rao-harminder-singh-madaa/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Look Out Circular Notices Noor Paul Vs Union of India and Ors Right to Travel | Leave a comment

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022

Posted on May 26, 2022 by ShadesOfKnife

The Court-1 of Patna High Court passed the following guidelines to the State and Oil Companies…

69. In furtherance of the above discussions, we find it necessary to issue the following directions:-
i) The Chief Secretary, Government of Bihar, to convene a meeting of all stakeholders to examine the best and most efficient way to realize the multifarious benefits arising from the establishment of petrol pumps with equal importance being placed upon economic, social and environmental aspects. Also ensure that a sample survey for ascertaining the requirement of additional fresh Petrol Pumps/Gas Retail Outlets is carried out at the earliest.
ii) The Development Commissioner, Government of Bihar, who is already seized of the matter shall take expedient steps in furtherance of the action(s) taken thus far.
iii) The State, National Highways Authority of India and the Oil Marketing Companies consider constituting Public toilets and public conveniences at places easily identifiable and accessible by the public at large, and in this regard, signboards of “Public Toilets” or “Private Toilets” be displayed at the retail outlets. Such facilities should be easily accessible by the ladies walking or driving on the roads.
iv) The amenities constructed should be done so, keeping in mind accessibility for persons with disabilities. The State has a responsibility to provide them equitable access to basic amenities while undertaking road travel, in light of the Constitution of India and the various international Human Rights obligations.
v) All toilets be adequately staffed for taking care and maintaining the same with a proper system for the disposal of sanitary napkins.
vi) Authorities may also consider making it necessary/mandatory for all the Dhabas/ Restaurants on the highways to make available public toilets and drinking water facilities for the use of the general public. While granting permission to such establishments, authorities should consider incorporating specific conditions regarding the provision of toilets and restrooms. Also, maintain the same hygiene, failing which their  registration/ permit is cancelled.
vii) The State Authorities and corresponding Central Authorities will take expedient steps to check the practice of the black-marketing or open unauthorized sale of petrol/diesel and initiate action after the proper investigation against units aiding the perpetuation of such practice.
viii) The Oil Marketing Companies to take steps to verify the continued interest or otherwise of the allottees/proposed allottees. The entire pending
process of allotment shall be finalized within the time stipulated in the minutes of the Development Commissioner, Bihar.
ix) The authorities may consider the development of a mechanism to:-
(a) institute a randomized checking system to ensure facilities and resources’ quality and proper availability.
(b) in consultation with OMCs and furtherance of the Statutory obligation take constructive steps to ensure sustainable use of resources and all other
related issues.
(c) Prepare a digital platform furnishing complete information of such places of convenience to the general public with a provision of lodging online remarks.

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022
Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Public Interest Litigation Reportable Judgement or Order The National Highway Projects in the State of Bihar Vs State of Bihar | Leave a comment

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Posted on May 20, 2022 by ShadesOfKnife

A division bench of Supreme Court passed the following guidelines…

13. To conclude:
(i) The trial courts must carry out the mandate of Section 309 of the Cr.P.C. as reiterated in judgments of this Court, inter alia, in State of U.P. versus Shambhu Nath Singh and Others, Mohd. Khalid versus State of W.B. and Vinod Kumar versus State of Punjab.
(ii) The eye-witnesses must be examined by the prosecution as soon as possible.
(iii) Statements of eye-witnesses should invariably be recorded under Section 164 of the Cr.P.C. as per procedure prescribed thereunder.

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Citations : [2017 SCC ONLINE SC 1391], [2017 SCALE 13 752], [2018 SCC 13 741], [2019 SCC CRI 1 410], [2017 CTC 6 883], [2018 KLT 1 629], [2018 AIC 183 5], [2018 ECRN 1 667], [2017 AIR SC SUPP 328]

Other Sources :

https://indiankanoon.org/doc/99075271/

https://www.casemine.com/judgement/in/5a261fe74a9326744f39e37e

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 CrPC 164 - Recording of Confessions and Statements CrPC 309 - Power to Postpone or Adjourn Proceedings Doongar Singh and Ors Vs The State Of Rajasthan Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Reportable Judgement or Order | Leave a comment

Ramapada Basak and Anr Vs State of West Bengal and Ors on 23 Jul 2021

Posted on July 27, 2021 by ShadesOfKnife

Single judge bench of Calcutta High Court held as follows:

It is now well settled that the children and their spouses living in the senior citizen’s house are at best “licensees”. Such licence comes to an end once the senior citizens are not comfortable with their children and their families. This principle has also been followed by the Delhi High Court in in WP(C) 2761/2020 (Sandeep Gulati Vs. Divisional Commissioner), decided on 13.03.2020 and the Punjab and Haryana High Court in the cases of (a) Manmohan Singh Vs. U.T. Chandigarh and Ors. (Case No. 1365/2015), (b) Samsher Singh Vs. District Magistrate, U.T. Chandigarh (Case No. 2017 CWP 6365) and (c) Gurpreet Singh Vs. State of Punjab (Case No. 2016(1) RCR (Civil) 324)
Two issues would come up for consideration. The first of which is the availability of alternative remedy under the provisions of the Maintenance and Welfare of Parents Senior Citizens Act, 2007. The other is a right of a daughter-in-law of residence to be provided by either the husband or the father-inlaw, if directed by a competent court under the provisions of the Domestic Violence Act, 2005.
The Hon’ble Supreme Court in the case of S. Vanitha Vs. Deputy Commissoner, Bangaluru Urban District and Ors. reported in 2020 SCConline SC 1023 has said that since both, the Senior Citizens Act, 2007 as also the Domestic Violence Act, 2005 are special legislations, the two must be construed harmoniously and applied suitably by a writ court hearing a plea of the senior citizens that they do not want their children to live with them. At paragraphs 35-40 the Hon’ble Supreme Court has elaborately dealt with the principle under the headline “E. Harmonising competing reliefs under the PWDV Act 2005 and Senior Citizens Act 2007”.
In the instant case, it is seen that no right of residence has been sought under any Statute by the daughter-in-law. Hence, this Court is of the view that there is no impediment in allowing exclusive residentiary rights to the senior citizens and to direct eviction of the son and daughter-in-law.
On the question of alternative remedy, this Court is conscious of the principles laid down by the Hon’ble Supreme Court in the case of Whirlpool Corporation Vs. Registrar of Trademark reported in (1998) 8 SCC 1 and upheld recently in the year 2021 in the case of Radha Krishan Industries Vs.
State of Himachal Pradesh and Ors. reported in 2021 SCCOnline SC 334.
However, the right of senior citizen to exclusively reside in his own house, must be viewed from the prism of Article 21 of the Constitution of India. To compel a senior citizen to approach either a civil court (the jurisdiction of which is any way barred under Section 27 of the 2007 Act) or take recourse to a special Statute like the 2007 Act would in most cases be extremely erroneous and painful for a person in the sunset days of life. This Court is therefore of the view that the principle of alternative remedy cannot be strictly applied to Senior Citizens and a Writ Court must come to the aid of a Senior Citizen in a given case.
A nation that cannot take care of its aged, old and infirm citizens cannot be regarded as having achieved complete civilization.

Ramapada Basak and Anr Vs State of West Bengal and Ors on 23 Jul 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/9363669/

Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Maintenance and Welfare of Parents and Senior Citizens Act 2007 Ramapada Basak and Anr Vs State of West Bengal and Ors Right to Residence in InLaws property | Leave a comment

Registrar General Vs State of Meghalaya on 23 Jun 2021

Posted on July 12, 2021 by ShadesOfKnife

A division bench of Meghalaya High Court issued the below directions, when the Administration there tried to impose mandatory vaccination upon the traders for them to run their businesses…

Guidelines passed:

In addition thereto, we issue the following directions so that the public at large are provided with an option of making an informed choice:-
(i) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “VACCINATED”, in the event all employees and staff of the concerned shop/establishment are vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are vaccinated.
(ii) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “NOT VACCINATED”, in the event all the employees and staff of the concerned shop/establishment are not vaccinated. Similarly, in the case of local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are not vaccinated.

Registrar General Vs State of Meghalaya on 23 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/70432062/

Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 19 - Protection of certain rights regarding freedom of speech etc Article 21 - Protection of life and personal liberty Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Registrar General Vs State of Meghalaya Right to be Vaccinated on own Will without any Force or Coercion Right to Health | Leave a comment

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Posted on July 1, 2021 by ShadesOfKnife

Supreme Court passed these mandatory guidelines which “All Courts dealing with suits and execution proceedings shall follow”.

From Para 42,

42. All Courts dealing with suits and execution proceedings shall mandatorily follow the below-mentioned directions:
1. In suits relating to delivery of possession, the court must examine the parties to the suit under Order X in relation to third party interest and further exercise the power under Order XI Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third party interest in such properties.
2. In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the Court, the Court may appoint Commissioner to assess the accurate description and status of the property.
3. After examination of parties under Order X or production of documents under Order XI or receipt of commission report, the Court must add all necessary or proper parties to the suit, so as to avoid multiplicity of proceedings and also make such joinder of cause of action in the same suit.
4. Under Order XL Rule 1 of CPC, a Court Receiver can be appointed to monitor the status of the property in question as custodia legis for proper adjudication of the matter.
5. The Court must, before passing the decree, pertaining to delivery of possession of a property ensure that the decree is unambiguous so as to not only contain clear description of the property but also having regard to the status of the property.
6. In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application.
7. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree.
8. The Court exercising jurisdiction under Section 47 or under Order XXI of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any such issue which otherwise could have been raised and determined during adjudication of suit if due diligence was exercised by the applicant.
9. The Court should allow taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like appointment of Commissioner or calling for electronic materials including photographs or video with affidavits.
10. The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant compensatory costs in accordance with Section 35A.
11. Under section 60 of CPC the term “…in name of the judgment- debtor or by another person in trust for him or on his behalf” should be read liberally to incorporate any other person from whom he may have the ability to derive share, profit or property.
12. The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.
13. The Executing Court may on satisfaction of the fact that it is not possible to execute the decree without police assistance, direct the concerned Police Station to provide police assistance to such officials who are working towards execution of the decree. Further, in case an offence against the public servant while discharging his duties is brought to the knowledge of the Court, the same must be dealt stringently in accordance with law.
14. The Judicial Academies must prepare manuals and ensure continuous training through appropriate mediums to the Court personnel/staff executing the warrants, carrying out attachment and sale and any other official duties for executing orders issued by the Executing Courts

Rahul S Shah Vs Jinendra Kumar Gandhi on 22 Apr 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/93073896/

https://www.casemine.com/judgement/in/6085af43c07b9e7eacd85ef8

https://www.indianemployees.com/judgments/details/rahul-s-shah-versus-jinendra-kumar-gandhi-ors

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 21 - Protection of life and personal liberty Expedited Enforcement or Execution Proceedings Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Rahul S Shah Vs Jinendra Kumar Gandhi Reportable Judgement or Order Right to Speedy Trial | Leave a comment

Akshay Vinod Kulkarni Vs Chief Passport Officer and Anr on 03 May 2021

Posted on June 1, 2021 by ShadesOfKnife

Single judge bench of Delhi High Court held that without giving any opportunity to the Petitioner, the Passport Office cannot suspend, impound a passport.

From Paras 11, 12 and 13,

11. In the opinion of this court, the shocking part of the present case is that, despite long drawn correspondence the Respondents have not served the passport suspension order or the denial order to the Petitioner. He was shuttled between the RPO-Kozhikode who informed him that it was the Indian Mission in Houston which revoked his passport. It is not even the case of the Respondents that the Petitioner was heard. The passport of the petitioner has been suspended on the basis of a complaint by the wife due to matrimonial disputes for more than two and half years. The correspondence on record reveals that the Petitioner has repeatedly approached various authorities seeking revival of his passport as also for a copy of the denial order, but in vain. Even before this court the Respondents have not filed any affidavit or document on record till date, despite having more than five months to do so. The Indian Mission or the other authorities have not filed a single document to show whether it is a case of revocation of passport or suspension of passport and if so on what grounds was the action taken. During the Covid-19 pandemic, the Petitioner has been unable to travel to India. It is the case of the Petitioner that his old mother, who is a widow, lives alone in Bangalore and that he wishes to travel both in the U.S.A. and in India, in relation to his job assignments. It is clear that the Petitioner is suffering immensely both personally and professionally due to the suspension/revocation of his passport. The Petitioner’s appeal has also now been dismissed, without the said orders being made available to him. The submission is that even if the suspension order is stayed, the passport does not come back into operation.

12. In the order in appeal dated 8th May, 2020, which is under challenge in the present petition, the Appellate Forum proceeds on the basis that since the email dated 5th November, 2018 was sent to the Petitioner, it is presumed that the Petitioner was aware of the suspension of his passport. Such a conclusion cannot be arrived at unless and until, the Respondent establishes on record that proper notice was issued and a reply was called for and the Petitioner did not respond to the same.
13. Ld. Counsel for the Respondents now submits that due to the pandemic, the file of this case is also not available and so he could not place any documents on record.
14. The Petitioner cannot be made to live without a passport indefinitely. This Court has given adequate time to the Respondents to file an affidavit/documents on record, however, not a single shred of paper has been placed on record. On merits, whether the suspension/revocation was justified or not would be the subject matter of final adjudication. However, the Petitioner cannot be made to suffer further especially due to the pandemic that is currently raging which may require him to travel to India to meet his mother who is in India, owing to her age etc.

Akshay Vinod Kulkarni Vs Chief Passport Officer and Anr on 03 May 2021
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Akshay Vinod Kulkarni Vs Chief Passport Officer and Anr Article 21 - Protection of life and personal liberty Reissue the Passport To Accused | Leave a comment

Titash Banik Vs State of Chhattisgarh on 23 Dec 2016

Posted on May 28, 2021 by ShadesOfKnife

Relying on landmark decision of a Division bench of the Apex Court here, High Court of Chhattisgarh held that the accused must be provided with a certified copy of the FIR in which the accused was accused.

Titash Banik Vs State of Chhattisgarh on 23 Dec 2016

Citations: [2016 SCC ONLINE CHH 1623]

Other Sources:

https://indiankanoon.org/doc/149118573/

https://www.casemine.com/judgement/in/58a563b84a93266eac2e0258

Police authorities cannot deny certified copy of FIR, except in some sensitive cases

Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 21 - Protection of life and personal liberty Upload FIR Within 24 Hours Youth Bar Association of India Vs UOI | Leave a comment

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