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Tag: Article 32 – Remedies for enforcement of rights conferred by this Part

Pravasi Legal Cell Vs Union of India and Ors on 20 Mar 2023

Posted on March 28, 2023 by ShadesOfKnife

A full bench of Apex Court passed directions to all High Courts and States to setup online RTI portals in their respective territories…

From Paras 8-11,

8 We are of the view that such an exercise should be carried out by all the High Courts in the country no later than within a period of three months from the date of this order.
9 A certified copy of this order shall be remitted by the Registrar (Judicial) of this Court to all the Registrars General, who shall in turn, seek administrative directions from the learned Chief Justices for implementation.
10 The High Courts shall make adequate provisions to facilitate the supply of information through online web portals and for all incidental purposes connected with the implementation of the Right to Information Act 2005.
11 As regards the district judiciary, which is under the administrative control of the High Courts, we request all the Registrars General to take administrative directions from the Chief Justices. The High Courts may utilize the support of the National Informatics Centre for the purpose. NIC shall provide all logistical and technical assistance in that regard to the High Courts.

From Para 1 on Page 4,

1 In view of the orders which have been passed in Writ Petition (Civil) No 1325 of 2020, there shall be a direction to all the State governments/Union Territories to set up and operationalize online web portals so that information sought under the Right to Information Act 2005 is made available in respect of all public authorities falling within their jurisdiction. This exercise shall be completed within a period of three months from the date of this order.

Pravasi Legal Cell Vs Union of India and Ors on 20 Mar 2023

Supreme Court launched it’s own RTI Portal in November 2022.

News here and here.


This was one of my PIL ideas here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 32 - Remedies for enforcement of rights conferred by this Part Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case PIL - Online RTI Portal for State of Andhra Pradesh Pravasi Legal Cell Vs Union of India and Ors | Leave a comment

Arnab Ranjan Goswami Vs UOI and Ors on 19 May 2020

Posted on May 21, 2020 by ShadesOfKnife

Justice Dr Dhananjaya Y Chandrachud, gave this Judgment.

From Para 26,

26. At this stage, it is necessary to note that the attention of Mr Kapil Sibal and Dr Singhvi, learned Senior Counsel was specifically drawn to the fact that the FIRs which were filed in various states by persons professing allegiance to the INC appear, prima facie, to be reproductions of the same language and content. Responding to this, Mr Sibal fairly stated that in the exercise of the jurisdiction under Article 32, this Court may well quash all the other FIRs and allow the investigation into the FIR which has been transferred to the NM Joshi Marg Police Station in Mumbai to proceed in accordance with law. Mr Sibal has also urged that there cannot be any dispute in regard to the legal position that a complaint in regard to the offence of defamation can only be at the behest of the person who is aggrieved. Consequently, the FIR which has been presently under investigation at the NM Joshi Marg Police Station in Mumbai would not cover any offence under Section 499 of the IPC.

 

Arnab Ranjan Goswami Vs UOI and Ors on 19 May 2020

 


Citations: [

Other Source links:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnab Ranjan Goswami Vs UOI and Ors Article 32 - Remedies for enforcement of rights conferred by this Part Avoid Multiplicity Of Litigation Catena of Landmark Judgments Referred/Cited to IPC 499 - Defamation Work-In-Progress Article | Leave a comment

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Posted on October 12, 2019 by ShadesOfKnife

This is decision from Apex Court of India which held that,

“It bars the use of any statement made before a police officer in the course of an investigation under Chanter XII, whether recorded in a police diary or otherwise, but by the express terms of the Section this bar is applicable only where such statement is sought to be used at any inquiry or trial in respect of any offence under investigation at the time when such statement was made’. If the statement made before a police officer in the course of an investigation under chapter XII is sought to be used in any proceeding other than an inquiry or trial or even at an inquiry of trial but in respect of an offence other than that which was under investigation at the time when such statement was made, the bar or Section 162 would not be attracted.“

 

Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981

Citations: [1981 AIR 1068], [1981 SCR (3) 145], [1981 SCC (2) 493], [1981 SCALE (1)531]

Indiankanoon.org link: https://indiankanoon.org/doc/705101/


Other orders made in this case are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Article 32 - Remedies for enforcement of rights conferred by this Part CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence Khatri and Ors Vs State of Bihar and Ors

Rishabh Duggal vs Bar Council of India on 12 Mar 2019

Posted on September 4, 2019 by ShadesOfKnife

Here are the orders issued by Hon’ble Supreme Court of India, in Rishabh Duggal v Bar Council of India case which challenges Clause 28 of Rules of Legal Education providing for the Age of Admission.

Rishabh Duggal v Bar Council of India on 12 March, 2019

An adjournment granted in the earlier hearing date

Rishabh Duggal v Bar Council of India on 10 December, 2018

Here is the Interim Order, which stayed the BCI notification limiting the Age of Law aspirants in India.

Rishabh Duggal v Bar Council of India on 03 March, 2017

Article traverses all related case laws here


Index of Bar Council Antics is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 32 - Remedies for enforcement of rights conferred by this Part Bar Council Antics Rishabh Duggal v Bar Council of India

Subramanian Swamy Vs Union of India on 13 May 2016

Posted on October 2, 2018 by ShadesOfKnife

In this landmark judgment from Hon’ble Supreme Court, it has uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.

Subramanian Swamy Vs Union of India on 13 May, 2016

Citations: [2016 SCC 7 221], [2016 SCC ONLINE SC 550], [2016 AIR SC 2728]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/581180e72713e179479dd9f3


The Index for Defamation Judgments is here.

Posted in Judicial Activism (for Public Benefit) | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Article 32 - Remedies for enforcement of rights conferred by this Part Constitutional Validity CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Reputation Sandeep Pamarati Subramanian Swamy Vs Union of India | Leave a comment

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