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Tag: Legal Procedure Explained – Interpretation of Statutes

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Posted on August 1, 2019 by ShadesOfKnife

Apex Court held as follows, in last paragraph,

“Be that as it may, an agent cannot become a pleader for the party in criminal proceedings, unless the party secures permission from the court to appoint him to act in such proceedings. The respondent-couple have not even moved for such permission and hence no occasion has arisen so far to consider that aspect.”

Key passages from the judgment are,

The definition [of a Pleader u.s 2(q) of CrPC] envelopes two kinds of pleaders within its ambit. The first refers to legal practitioners who are authorised to practise law and the second refers to any other person. If it is the latter its essential requisite is that such person should have been appointed with the permission of the court to act in such proceedings. This is in tune with Section 32 of the Advocates Act 1961 which empowers a Court to permit any person, who is not enrolled as an advocate to appear before it in any particular case. But if he is to plead for another person in a criminal court, such permission should be sought for by that person.
It is not necessary that the pleader so appointed should be the power of attorney holder of the party in the case. What seems to be condition precedent is that his appointment should have preceded by grant of permission of the court. It is for the court to consider whether such permission is necessary in the given case and whether the person proposed to be appointed is capable of helping the court by pleading for the party, for arriving at proper findings on the issues involved in the case.

………..

But if the person proposed to be appointed by the party is not such a qualified person the court has first to satisfy itself whether the expected assistance would be rendered by that person. The reason for the Parliament for fixing such a filter in the definition clause [Sec.2(q) of the Code] that prior permission must be secured before a non-advocate is appointed by the party to plead his cause in the court, is to enable the court to verify the level of equipment of such person for pleading on behalf of the party concerned.

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Precedent used is here


Indiankanoon.org link: https://indiankanoon.org/doc/1728750/

Citation: [1999 SCC 3 614], [1999 AIR SC 1385], [1999 AIR SC 1062], [1999 SUPREME 3 308], [1999 SCC CRI 455], [1999 CRLJ SC 2092], [1999 SCALE 2 359], [1999 ACR SC 1 915], [1999 ALT CRI 1 226], [1999 CTC 1 720], [1999 GLH 1 829], [1999 KLJ 1 879], [1999 KLT SC 2 156], [1999 LW CRL 2 658], [1999 RCR CRIMINAL 2 373], [1999 SCR 2 305], [1999 JT SC 2 494], [1999 AIR SCW 1062]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocates Act Section 32 CrPC 2(q) - Pleader CrPC 303 - Right of person against whom proceedings are instituted to be defended Landmark Case Legal Procedure Explained - Interpretation of Statutes Party In Person Series Power of Attorney T.C. Mathai and Anr Vs The District and Sessions Judge

Uday Shankar Triyar Vs Ram Kalewar Prasad Singh and Anr on 10 November, 2005

Posted on August 1, 2019 by ShadesOfKnife

Apex Court listed out defects routinely found in Vakalatnamas filed in courts

(a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank;
(b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on behalf of the grantor (where the Vakalatnama is signed on behalf of a company, society or body) by either affixing a seal or by mentioning the name and designation below the signature of the executant (and failure to annex a copy of such authority with the Vakalatnama).
(c) Failure on the part of the pleader in whose favour the Vakalatnama is executed, to sign it in token of its acceptance.
(d) Failure to identify the person executing the Vakalatnama or failure to certify that the pleader has satisfied himself about the due execution of the Vakalatnama.
(e) Failure to mention the address of the pleader for purpose of service (in particular in cases of outstation counsel).
(f) Where the Vakalatnama is executed by someone for self and on behalf of someone else, failure to mention the fact that it is being so executed. For example, when a father and the minor children are parties, invariably there is a single signature of the father alone in the Vakalatnama without any endorsement/statement that the signature is for ’self and as guardian of his minor children’. Similarly, where a firm and its partner, or a company and its Director, or a Trust and its trustee, or an organisation and its office-bearer, execute a Vakalatnama, invariably there will be only one signature without even an endorsement that the signature is both in his/her personal capacity and as the person authorized to sign on behalf of the corporate body/firm/ society/organisation.
(g) Where the Vakalatnama is executed by a power-of-attorney holder of a party, failure to disclose that it is being executed by an Attorney-holder and failure to annex a copy of the power of attorney;
(h) Where several persons sign a single vakalatnama, failure to affix the signatures seriatim, without mentioning their serial numbers or names in brackets. (Many a time it is not possible to know who have signed the Vakalatnama where the signatures are illegible scrawls);
(i) Pleaders engaged by a client, in turn, executing vakalatnamas in favour of other pleaders for appearing in the same matter or for filing an appeal or revision. (It is not uncommon in some areas for mofussil lawyers to obtain signature of a litigant on a vakalatnama and come to the seat of the High Court, and engage a pleader for appearance in a higher court and execute a Vakalatnama in favour of such pleader).

 

Uday Shankar Triyar Vs Ram Kalewar Prasad Singh and Anr on 10 November, 2005

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Defects in Vakalatnamas Legal Procedure Explained - Interpretation of Statutes Uday Shankar Triyar Vs Ram Kalewar Prasad Singh and Anr

Shanti And Anr Vs State of Haryana on 13 November, 1990

Posted on July 12, 2019 by ShadesOfKnife

This is a landmark judgment from Supreme Court of India which clarified the legal position around sections 304B and 498A IPC.

From Para 6,

Now we shall consider the question as to whether the acquittal of the appellants of the offence punishable under Section 498-A makes any difference. The submission of the learned counsel is that the acquittal under Section 498-A IPC would lead to the effect that the cruelty on the part of the accused is not established. We see no force in this submission. The High Court only held that Section 304-B and Section 498-A IPC are mutually exclusive and that when once the cruelty envisaged in Section 498-A IPC culminates in dowry death of the victim, Section 304-B alone is attracted and in that view of the matter the appellants were acquitted under Section 498-A IPC. It can therefore be seen that the High Court did not hold that the prosecution has not established cruelty on the part of the appellants but on the other hand the High Court considered the entire evidence and held that the element of cruelty which is also an essential of Section 304-B IPC has been established. Therefore the mere acquittal of the appellants under Section 498-A IPC in these circumstances makes no difference for the purpose of this case. However, we want to point out that this view of the High Court is not correct and Sections 304-B and 498-A cannot be held to be mutually exclusive. These provisions deal with two distinct offences. It is true that “cruelty” is a common essential to both the sections and that has to be proved. The Explanation to Section 498-A gives the meaning of “cruelty”. In Section 304-B there is no such explanation about the meaning of “cruelty” but having regard to the common background to these offences we have to take that the meaning of “cruelty or harassment” will be the same as we find in the explanation to Section 498-A under which “cruelty” by itself amounts to an offence and is punishable. Under Section 304-B as already noted, it is the “dowry death” that is punishable and such death should have occurred within seven years of the marriage. No such period is mentioned in Section 498-A and the husband or his relative would be liable for subjecting the woman to “cruelty” any time after the marriage. Further it must also be borne in mind that a person charged and acquitted under Section 304-B can be convicted under Section 498-A without charge being there, if such a case is made out. But from the point of view of practice and procedure and to avoid technical defects it is necessary in such cases to frame charges under both the sections and if the case is established they can be convicted under both the sections but no separate sentence need be awarded under Section 498-A in view of the substantive sentence being awarded for the major offence under Section 304-B.

And the benevolence of the judges overflows for women like juices… yakkk thuuu

From Para 8,

Further both the appellants are women. Under these circumstances, a minimum sentence of seven years’ rigorous imprisonment would serve the ends of justice. Accordingly the convictions are confirmed but the sentence of imprisonment for life under Section 304-B IPC of each of the accused appellant is set aside and instead each of them is sentenced to undergo seven years’ rigorous imprisonment.

Shanti And Anr Vs State of Haryana on 13 November, 1990

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 304B - Dowry death IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Shanti And Anr Vs State of Haryana

Perumal Vs Janaki on 20 January, 2014

Posted on April 21, 2019 by ShadesOfKnife

Another landmark judgment from Justice Jasti Chalameswar on the Supervisory Authority of High Courts on Lower Courts in a state and how and why it should have been invoked in this case gainfully. If not under 193 IPC, invocation of 211 IPC was very much desirable in this case.

Another observation is that one can file Perjury under section 340 CrPC even after getting acquittal.

Perumal Vs Janaki on 20 January, 2014

Citations : [2015 NCC 1 678], [2014 SCC 5 377], [2014 SCC CRI 2 591], [2014 SCC ONLINE SC 46], [2014 CTC 1 664], [2014 AIC 135 224], [2014 AIOL 32], [2014 AIR SC 993], [2014 BOMCR CRI SC 2 70], [2014 CRLJ SC 1454], [2014 JT 2 180], [2014 SCALE 1 406], [2014 SLT 1 680], [2014 KLJ 1 688], [2014 AICLR 1 828], [2014 MLJ CRI 1 505], [2014 RAJ 1 30], [2014 SCJ 3 152], [2014 LW CRL 1 793], [2014 KCCR SN 3 166], [2014 AIR SCW 993], [2014 RCR CRIMINAL SC 1 851], [2014 CUT LT 118 22]

Other Sources :

https://indiankanoon.org/doc/25369927/

https://www.casemine.com/judgement/in/5609af43e4b0149711415fb6

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 - Perjury even after getting acquittal CrPC 340 read with CrPC 195 IPC 193 - Punishment for false evidence IPC 211 - False charge of offence made with intent to injure Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Perumal Vs Janaki Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Rupali Devi Vs State of UP and Ors on 09 April, 2019

Posted on April 9, 2019 by ShadesOfKnife

A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.

If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.

One Gem from this Judgment:

Even the silence of the wife may have an underlying element of an emotional distress and mental agony.

Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.

Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.

The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.

Go here.

Rupali Devi Vs State of UP and Ors on 09 April, 2019

My Note:

This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.

Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?


Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]

Other Source links:

https://indiankanoon.org/doc/78252061/

https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400

Woman driven out of matrimonial home can file case under Section 498-A from the place she has taken shelter at [Full Report]

https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Baseless or Convoluted Judgment CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 178 - Place of Inquiry or Trial CrPC 179 - Offence Triable Where Act is Done or Consequence Ensues CrPC 472 - Continuing offence IPC 498A - No Limit Territorial Jurisdiction Judiciary Antics Landmark Case Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Reportable Judgement or Order Rupali Devi Vs State of UP and Ors Statement of Objects and Reasons | Leave a comment

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Posted on April 4, 2019 by ShadesOfKnife

Landmark judgment from Apex Court setting record straight regarding the Shared Household. This is overruled in SC Ahuja case law here.

S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006

Indiankanoon.org Link: https://indiankanoon.org/doc/594165/

Citations: (2007) 3 SCC 169, 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes No Shared Household Overruled Judgment PWDV Act - Dismissed On Merits S.R. Batra and Anr Vs Taruna Batra Satish Chander Ahuja Vs Sneha Ahuja | Leave a comment

Bhriguram De Vs State of West Bengal and others on 20 September, 2018

Posted on March 26, 2019 by ShadesOfKnife

In this order from Calcutta High Court(appellate side),

Para 15,

According to the Law Lexicon, Third Edition (2012), the Latin Maxim “Suppressio veri, suggestio falsi” defines that the suppression of the truth is equivalent to the suggestion of falsehood. The suppression or failure to disclose what one party is bound to disclose to another, may amount to fraud. Where a person is found to be guilty of suppressio veri suggestio falsi for having concealed material information from scrutiny of the Court, he is not entitled for any equitable relief under order 39 of CPC (5 of 1908). [Arbind Kumar Pal v. Hazi Md. Faizullah Khan, AIR 2007 (NOC) 1035 (Pat) : (2006) 1 BLJR 430].

From Para 25,

I have no hesitation in saying that the doors of justice would be closed for a litigant whose case is based on falsehood or suppression of material facts. Fraud and justice never dwell together. They are alien to each other. Fraud pollutes the sanctity, regularity, orderliness and solemnity of the judicial proceedings. It is the bounden duty of the Court to keep the stream of justice absolutely clean.

Finally, from Para 29,

Before finally pronouncing my decision, I must state that this court, in all fairness gave an opportunity, after hearing and going through the documents produced by the respondents, to the petitioner to withdraw the writ petition (with liberty to file afresh with better particulars). However, Mr. Saktipada Jana appearing on behalf of the petitioner, refused and pressed the writ petition unabated. One is reminded of the saying, “you can take a horse to the well, but cannot force it to drink”. In view of the same, I dismiss the writ petition in limine. I am of the view that exemplary costs should be awarded. However, on a compassionate plea made by Mr. Jana, the order as to costs is limited to Rs.5,000/- only, payable to the West Bengal State Legal Services Authority, Kolkata, within two weeks from date.

Bhriguram De Vs State of West Bengal and others on 20 September, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Bhriguram De Vs State of West Bengal and others Catena of Landmark Judgments Referred/Cited to Fine For Contempt Of Court Legal Procedure Explained - Interpretation of Statutes Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Wilful Omission or Supression of Material Information Supressio Veri - Expression Faisi | Leave a comment

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011

Posted on March 24, 2019 by ShadesOfKnife

Justice Dalveer Bhandari at Supreme Court, held that,

From Para 4,

This is a classic example which abundantly depicts the picture of how the civil litigation moves in our courts and how unscrupulous litigants (appellants in this case) can till eternity harass the respondents and their children by abusing the judicial system.

From Para 14,

According to Dr. Arun Mohan, twenty minutes spent at that time would have saved several years in court proceedings.

From Para 21,

The learned Single Judge observed that the present appellants belong to that category of litigants whose only motive is to create obstacles during the course of trial and not to let the trial conclude. Applications after applications are being filed by the appellants at every stage, even though orders of the trial court are based on sound reasoning. Moreover, the appellants have tried to mislead the court also by filing wrong synopsis and incorrect dates of events.

From Para 22,

Those litigants or their advocates who mislead the courts by filing wrong and incorrect particulars (the list of dates and events) must be dealt with heavy hands.

From Para 26,

It may be pertinent to mention that the appellants also moved transfer application apprehending adverse order from the trial judge, which was also dismissed by the learned District Judge. This conduct of the appellants demonstratesthat they are determined not to allow the trial court to proceed with the suit. They are creating all kinds of hurdles andobstacles at every stage of the proceedings.

From Para 30,

It is abundantly clear from the facts and circumstances of this case that the appellants have seriously created obstacles at every stage during the course of trial and virtually prevented the court from proceeding with the suit. This is a typical example of how an ordinary suit moves in our courts. Some cantankerous and unscrupulous litigants on one ground or the other do not permit the courts to proceed further in the matter.

From Para 34,

According to Dr. Mohan, in our legal system, uncalled for litigation gets encouragement because our courts do notimpose realistic costs. The parties raise unwarranted claims and defences and also adopt obstructionist and delaying tactics because the courts do not impose actual or realistic costs. Ordinarily, the successful party usually remains uncompensated in our courts and that operates as the main motivating factor for unscrupulous litigants. Unless the courts, by appropriate orders or directions remove the cause for motivation or the incentives, uncalled for litigation will continue to accrue, and there will be expansion and obstruction of the litigation. Court time and resources will be consumed and justice will be both delayed and denied.

From Para 44,

In the instant case when the entire question of title has been determined by the High Court and the Special Leave Petition against that judgment has been dismissed by this court, thereafter the trial court ought not to have framed such an issue on a point which has been finally determined upto this Court. In any case, the same was exclusively barred by the principles of res judicata. That clearly demonstrates total non-application of mind.

From Para 48,

48. It is also a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely. The other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so because in such cases the usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders may not find encouragement. We have to dispel the common impression that a party by obtaining an injunction based on even false averments and forged documents will tire out the true owner and ultimately the true owner will have to give up to the wrongdoer his legitimate profit. It is also a matter of common experience that to achieve clandestine objects, false pleas are often taken and forged documents are filed indiscriminately in our courts because they have hardly any apprehension of being prosecuted for perjury by the courts or even pay heavy costs. In Swaran Singh v. State of Punjab (2000) 5 SCC 668 this court was constrained to observe that perjury has become a way of life in our courts.

From Para 56,

These appeals are consequently dismissed with costs, which we quantify as Rs.2,00,000/- (Rupees Two Lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.

Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Costs Levied or Imprisonment For Perjury Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Posted on March 24, 2019 by ShadesOfKnife

Hon’ble Apex Court held that,

The scope of the preliminary enquiry envisaged in Section 340(1) of the Code is to ascertain whether any offence affecting administration of justice ha been committed in respect of a document produced in Court or given in evidence in a proceeding in that Court. In other words, the offence should have been committed during the time when the document was in custodia legis.
It would be a strained thinking that any offence involving forgery of a document if committed far outside the precincts of the Court and long before its production in the Court, could also be treated as on affecting administration of justice merely because that document later reached the Court records.

Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998

Citation: (1998) 2 SCC 493

Indiankanoon.org link: https://indiankanoon.org/doc/1743953/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Perjury - Prima Facie Opinion of Perjury Sachida Nand Singh and Anr Vs State of Bihar and Anr | Leave a comment

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

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