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Tag: Landmark Case

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

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

Deepti Kapur Vs Kunal Julka on 30 June 2020

Posted on October 6, 2020 by ShadesOfKnife

In this case, Single Judge discussed the admissibility of evidence in cases filed in Family Courts u/s 14 and also dispelled the false notion that if a spouse obtains an evidence illegally (by installing a CCTV in this case), such act would not be violative of the other spouse’s right to privacy. And also nothing in Constitution of India prohibits such evidence.

From Para 37,

37. While consistency in law is of utmost importance and law must get its full play regardless of the fact situation, this court must record the unease it feels with regard to a certain aspect that has arisen in this matter. Marriage is a relationship to which sanctity is still attached in our society. Merely because rules of evidence favour a liberal approach for admitting evidence in court in aid of dispensation of justice, this should not be taken as approval for everyone to adopt any illegal means to collect evidence, especially in relationships of confidence such as marriage. If the right to adduce evidence collected by surreptitious means in a marital or family relationship is available without any qualification or consequences, it could potentially create havoc in people’s personal and family lives and thereby in the society at large. For instance, if a spouse has the carte blanche to install a recording device in a bedroom or other private space or to adopt any means whatsoever to collect evidence against the partner, even if in circumstances of matrimonial discord, it would be difficult to foresee the length to which a spouse may go in doing so ; and such possibility would itself spell the end of the marital relationship. It is not uncommon for spouses to continue living together, even in matrimonial strife, for years on-end. So, while law must trump sentiment, a salutary rule of evidence or a beneficent statutory provision, must not be taken as a license for illegal collection of evidence.

Deepti Kapur Vs Kunal Julka on 30 June 2020

Citations :

Other Sources :

https://indiankanoon.org/doc/170404652/

https://www.casemine.com/judgement/in/5efb8cc29fca196e33048e01

https://www.indianemployees.com/judgments/details/deepti-kapur-versus-kunal-julka

[S. 14 of Family Courts Act] Del HC | In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial


Note: The nut case went to Supreme Court and the SC kicked out the SLP.

Deepti Kapur Vs Kunal Julka on 10 May 2022

Index of Divorce judgments is here.

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Affirmed by Supreme Court of India or SLP dismissed Catena of Landmark Judgments Referred/Cited to Deepti Kapur Vs Kunal Julka Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 HM Act Sec 13 - Divorce Landmark Case Legal Procedure Explained - Interpretation of Statutes Right to Privacy | 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

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

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

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

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

P.Surendran Vs State of Tamil Nadu on 29 March 2019

Posted on August 31, 2020 by ShadesOfKnife

Supreme Court very clearly said a staff on Administration on Justice, such as Registry Staff can not exercise Judicial functions.

From Paras 9 and 10,

9. The nature of judicial function is well settled under our legal system. Judicial function is the duty to act judicially, which invests with that character. The distinguishing factor which separates administrative and judicial function is the duty and authority to act judicially. Judicial function may thus be defined as the process of considering the proposal, opposition and then arriving at a decision upon the same on consideration of facts and circumstances according to the rules of reason and justice. A Constitution Bench of five judges in Jaswant Sugar Mills Ltd., Meerut vs. Lakshmichand and Ors., AIR 1963 SC 677, formulated the following criteria to ascertain whether a decision or or an act is judicial function or not, in the following manner

(1) it is in substance a determination upon investigation of a question by the application of objective standards to facts found in the light of preexisting legal rule;
(2) it declares rights or imposes upon parties obligations affecting their civil rights; and
(3) that the investigation is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascertainment of facts by means of evidence if a dispute be on questions of fact, and if the dispute be on question of law on the presentation of legal argument, and a decision resulting in the disposal of the matter on findings based upon those questions of law and fact.
                                             (emphasis added)
The act of numbering a petition is purely administrative. The objections taken by the Madras High Court Registry on the aspect of maintainability requires judicial application of mind by utilizing appropriate judicial standard. Moreover, the wordings of Section 18A of the SC/ST Act itself indicates
at application of judicial mind. In this context, we accept the statement of the Attorney General, that the determination in this case is a judicial function and the High Court Registry could not have rejected the numbering.

10. Therefore, we hold that the High Court Registry could not have exercised such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court. As the power of judicial function cannot be delegated to the Registry, we cannot sustain the order, rejecting the numbering/registration of the Petition, by the Madras High Court Registry. Accordingly, the Madras High Court Registry is directed to number the petition and place it before an appropriate bench.

P.Surendran Vs State of Tamil Nadu on 29 March 2019

Citations: [2019 (2) Crimes 321], [2019 (2) JLJR 279], [2019 (2) KLJ 955], [2019 (2) PLJR 291], [2019 (2) RCR (Civil) 767], [2019 (2) RCR (Criminal) 767], [2019 (6) Scale 465], [2019 All.M.R.(Cri.) 3493], [(2019) 9 SCC 154], [2019 SCC ONLINE SC 507]

Other Sources:

https://indiankanoon.org/doc/85097973/

https://www.casemine.com/judgement/in/5ca8c17e9eff430a58956741

https://www.vakilno1.com/supreme-court-of-india/high-court-registry-cannot-question-maintainability-of-petition-supreme-court.html

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Landmark Case Maintainability Non Application or Exercise of Judicial Mind Numbering of Petition P.Surendran Vs State of Tamil Nadu Reportable Judgement or Order | Leave a comment

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సీనియర్ జర్నలిస్ట్, మహా న్యూస్ ఛైర్మన్ & మేనేజింగ్ డైరెక్టర్ శ్రీ మారెళ్ళ వంశీ కృష్ణ గారికి హృదయపూర్వక జన్మదిన శుభాకాంక్షలు. మీడియా రంగంలో మీ నిబద్ధతతో మరెన్నో విజయాలు సాధించాలని, భగవంతుడు మీకు ఆయురారోగ్యాలు, సుఖసంతోషాలను ప్రసాదించాలని మనస్ఫూర్తిగా ఆకాంక్షిస్తున్నాను. మహా

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⚠️ FACT CHECK: FAKE VIDEO ⚠️The viral video claiming Delhi Police DCP Sumit Jha resigned over student protests is completely fake and AI generated. The authentic footage, in which the officer addresses the public regarding active misinformation campaigns, is available vide link

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itdp_official iTDP Official @itdp_official ·
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Zero Airports..

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Zero @ysjagan..

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