advocatemmmohan
religion
Petitioners are facing trial in the said case. Their statements under Section 313 of the Code of Criminal Procedure have been recorded and the trial is at the stage of argument. At this stage, petitioners have filed these writ petitions under Article 32 of the Constitution of India and their prayer is to quash the prosecution primarily on the ground of violation of their fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India. “(1) The dictum in Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225 is correct and still holds the field. (2) The propositions emerging from Article 21 of the Constitution and expounding the right to speedy trial laid down as guidelines in Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225 adequately take care of right to speedy trial. We uphold and reaffirm the said propositions.” Hence, in my opinion, the trial cannot be terminated merely on the ground of delay without considering the reasons thereof. My learned and noble brother has gone into the reasons for delay and I agree with him that the facts of the present case do not justify quashing of the prosecution.
In the Supreme Court of India Criminal WRIT Jurisdiction Writ Petition (Crl.) No. 200 OF 2011 Ranjan Dwivedi …Petitioner(s) Versus C.B.I., Through the Director General …Respondent(s) With Writ Petition (Crl.) No. 205 OF 2011 Ac. Sudevananda Avadhuta …Petitioner(s) Versus C.B.I., Through the Director General …Respondent(s) J U D G M E N T H. L. … Continue reading
Article 39-A was inserted. This Article provides for free legal aid by suitable legislation or schemes or in any other manner, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Article 39-A of the Constitution reads as follows:- 39A. Equal justice and free legal aid. – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 140 OF 2008 RAJOO @ RAMAKANT …..Appellant Versus THE STATE OF MADHYA PRADESH …..Respondent J U D G M E N T Madan B. Lokur, J. After hearing arguments in this appeal, we had reserved judgment. While preparing the judgment, it was … Continue reading
Settled canons of criminal jurisprudence when applied in their correct perspective, give rise to the following questions for consideration of the Court in the present appeal: a) Where acts of omission and commission, deliberate or otherwise, are committed by the investigating agency or other significant witnesses instrumental in proving the offence, what approach, in appreciation of evidence, should be adopted? b) Depending upon the answer to the above, what directions should be issued by the courts of competent jurisdiction? c) Whenever there is some conflict in the eye-witness version of events and the medical evidence, what effect will it have on the case of the prosecution and what would be the manner in which the Court should appreciate such evidence? We hold, declare and direct that it shall be appropriate exercise of jurisdiction as well as ensuring just and fair investigation and trial that courts return a specific finding in such cases, upon recording of reasons as to deliberate dereliction of duty, designedly defective investigation, intentional acts of omission and commission prejudicial to the case of the prosecution, in breach of professional standards and investigative requirements of law, during the course of the investigation by the investigating agency, expert witnesses and even the witnesses cited by the prosecution. Further, the Courts would be fully justified in directing the disciplinary authorities to take appropriate disciplinary or other action in accordance with law, whether such officer, expert or employee witness, is in service or has since retired. 40. The appeal is accordingly dismissed.Today, by a separate judgment, we have directed that action be taken against PW 3 Dr. C.N. Tewari and PW 6 SI Kartar Singh. The Director General of Police and Director General, Health of State of Uttar Pradesh and/or Uttarakhand whoever is the appropriate authority, to take action within three months from today and report the matter to this Court. List for limited purpose on 15th October, 2012.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.529 OF 2010 Dayal Singh & Ors. … Appellants Versus State of Uttaranchal … Respondent J U D G M E N T Swatanter Kumar, J. 1. Settled canons of criminal jurisprudence when applied in their correct perspective, give rise to the following … Continue reading
use of black films but it is a clear violation of law. In terms of Rule 100, no material including films of any VLT can be pasted on the safety glasses of the car and this law is required to be enforced without demur and delay. Thus, we pass the following orders : 1) All the applications filed for clarification and modification are dismissed, however, without any order as to costs. 2) All the Director Generals of Police/Commissioners of Police are hereby again directed to ensure complete compliance of the judgment of this Court in its true spirit and substance. They shall not permit pasting of any material, including films of any VLT, on the safety glasses of any vehicle. 3) We reiterate that the police authorities shall not only challan the offenders but ensure that the black or any other films or material pasted on the safety glasses are removed forthwith. 4) We make it clear at this stage that we would not initiate any proceedings against the Director Generals of Police/Commissioners of Police of the respective States/Union Territories but issue a clear warning that in the event of non-compliance of the judgment of this Court now, and upon it being brought to the notice of this Court, the Court shall be compelled to take appropriate action under the provisions of the Contempt of Courts Act, 1971 without any further notice to the said officers. We do express a pious hope that the high responsible officers of the police cadre like Director General/Commissioner of Police would not permit such a situation to arise and would now ensure compliance of the judgment without default, demur and delay. 5) Copies of this judgment be sent to all concerned by the Registry including the Chief Secretaries of the respective States forthwith. use of black films but it is a clear violation of law. In terms of Rule 100, no material including films of any VLT can be pasted on the safety glasses of the car and this law is required to be enforced without demur and delay. Thus, we pass the following orders : 1) All the applications filed for clarification and modification are dismissed, however, without any order as to costs. 2) All the Director Generals of Police/Commissioners of Police are hereby again directed to ensure complete compliance of the judgment of this Court in its true spirit and substance. They shall not permit pasting of any material, including films of any VLT, on the safety glasses of any vehicle. 3) We reiterate that the police authorities shall not only challan the offenders but ensure that the black or any other films or material pasted on the safety glasses are removed forthwith. 4) We make it clear at this stage that we would not initiate any proceedings against the Director Generals of Police/Commissioners of Police of the respective States/Union Territories but issue a clear warning that in the event of non-compliance of the judgment of this Court now, and upon it being brought to the notice of this Court, the Court shall be compelled to take appropriate action under the provisions of the Contempt of Courts Act, 1971 without any further notice to the said officers. We do express a pious hope that the high responsible officers of the police cadre like Director General/Commissioner of Police would not permit such a situation to arise and would now ensure compliance of the judgment without default, demur and delay. 5) Copies of this judgment be sent to all concerned by the Registry including the Chief Secretaries of the respective States forthwith.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION IA NOS. 4, 5, IA NOS. 6-8, IA. NOS. 9-11, 12, 13, 14 AND 15 IN WRIT PETITION (CIVIL) NO.265 OF 2011 Avishek Goenka … Appellant Versus Union of India & Anr. … Respondents J U D G M E N T Swatanter Kumar, J. … Continue reading
undergone mental torture at the hands of insensible police officials. He might have agitated to ameliorate the cause of the poor and the downtrodden, but, the social humiliation that has been meted to him is quite capable of destroying the heart of his philosophy. It has been said that philosophy has the power to sustain a man’s courage. But courage is based on self-respect and when self-respect is dented, it is difficult even for a very strong minded person to maintain that courage. The initial invincible mind paves the path of corrosion. As is perceptible, the mindset of the protectors of law appears to cause torment and insult and tyrannize the man who is helpless in custody. There can be no trace of doubt that he is bound to develop stress disorder and anxiety which destroy the brightness and strength of the will power. It has been said that anxiety and stress are slow poisons. When torment is added, it creates commotion in the mind and the slow poisons get activated. The inhuman treatment can be well visualized when the appellant came out from custody and witnessed his photograph being circulated with the self-condemning words written on it. This withers away the very essence of life as enshrined under Article 21 of the Constitution. Regard being had to the various aspects which we have analysed and taking note of the totality of facts and circumstances, we are disposed to think that a sum of Rs.5.00 lacs (Rupees five lacs only) should be granted towards compensation to the appellant and, accordingly, we so direct. The said amount shall be paid by the respondent State within a period of six weeks and be realized from the erring officers in equal proportions from their salary as thought appropriate by the competent authority of the State. 47. Consequently, the appeal is allowed to the extent indicated above. However, in the facts and circumstances of the case, there shall be no order as to costs.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 5703/2012 (Arising out of SLP (C) No. 34702 of 2010) Dr. Mehmood Nayyar Azam ….. Appellant Versus State of Chattisgarh and Ors. … Respondents J U D G M E N T Dipak Misra, J Leave granted. 2. Albert … Continue reading
illegal gratification= from the evidence of the witnesses that there was sufficient evidence of Syed Ahmed demanding illegal gratification from Nagaraja and receiving and accepting it when given by him. On this basis, we find no reason to interfere with the judgment and order under appeal. With regard to the sentence awarded to Syed Ahmed, the High Court has erred in awarding a sentence of only three months rigorous imprisonment. Section 13(2) of the Act prescribes a minimum sentence of one year imprisonment. However, the State has not appealed against the quantum of sentence. Moreover, the incident is of 1993, which is about 19 years ago. Keeping these factors in mind, we do not propose to interfere with the sentence awarded. The appeal is dismissed.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1323 OF 2007 Syed Ahmed …..Appellant Versus State of Karnataka …..Respondent J U D G M E N T Madan B. Lokur, J. The Appellant (Syed Ahmed) was acquitted by the Trial Court of offences under Sections 7 and 13(1)(d) read with Section … Continue reading
The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U. S. C. §§704 (b), (c).Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, finding the Act invalid under the First Amendment. Held: The judgment is affirmed.
1 (Slip Opinion) OCTOBER TERM, 2011 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of … Continue reading
INTELLECTUAL PROPERTY – plant variety rights – plant breeder’s rights – repeal of Plant Variety Rights Act 1987 (Cth) by Plant Breeder’s Rights Act 1994 (Cth) – where application for plant variety rights was filed and accepted under Plant Variety Rights Act 1987 – where application not granted until after repeal of Plant Variety Rights Act – whether grant of plant variety rights or plant breeder’s rights – whether grant of rights made under repealed Act – whether duration of rights granted calculated from date of acceptance or date of grant Held: no grant of plant variety rights under Plant Variety Rights Act – plant breeder’s right granted under Plant Breeder’s Rights Act – duration of right calculated from date of grant rather than date of acceptance – appeal allowed
Elders Rural Services Australia Limited v Registrar of Plant Breeder’s Rights [2012] FCAFC 14 (29 February 2012) Last Updated: 1 March 2012 FEDERAL COURT OF AUSTRALIA Elders Rural Services Australia Limited v Registrar of Plant Breeder’s Rights [2012] FCAFC 14 Citation: Elders Rural Services Australia Limited v Registrar of Plant Breeder’s Rights [2012] … Continue reading
MIGRATION – application for citizenship pursuant to section 24(5) of the Australian Citizenship Act 2007 (Cth) – applicant under the age of 18 at the time of application – whether the Australian Citizenship Instructions are ultra vires
Singh v Minister for Immigration and Citizenship [2012] FCAFC 12 (27 February 2012) Last Updated: 27 February 2012 FEDERAL COURT OF AUSTRALIA Singh v Minister for Immigration and Citizenship [2012] FCAFC 12 Citation: Singh v Minister for Immigration and Citizenship [2012] FCAFC 12 Appeal from: Singh v Minister for Immigration and Citizenship [2011] FCA 685 Parties: … Continue reading
challenging the order of detention dated 20-07-2011 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (henceforth referred to as ‘the Act’), by the 1st respondent. By the said order it was directed that the son of the appellant named Khalil Ahmed Rashid Ahmed Kapadia (hereinafter referred to as ‘the detenu’) be detained under the provisions of the Act.; the detention is vitiated by the fact that the representation of the petitioner dated 06-08-2011 invoking Article 22(5) of the Constitution of India was rejected only on 07-09-2011 after an inordinate delay of one month.;delay in disposing of the representation made by the appellant,; the Sponsoring Authority responded to the inquiry of the 1st respondent on 26-08-2011 with a delay of fifteen days. The reasons for such delay have not been explained by the Sponsoring Authority, represented by the 3rd respondent herein.; It is well settled that the right of a person, who is preventively detained, to make a representation and have it considered by the Authority concerned as expeditiously as possible, is a Constitutional right under Article 22(5). Any unreasonable and unexplainable delay in considering the representation is held to be fatal to the continued detention of the detenu. The proposition is too well settled in a long line of decisions of this Court.
Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1101__ of 2012 [Arising out of S.L.P.(CRL) NO. 620 OF 2012] Rashid Kapadia ….Appellant Versus Medha Gadgil & Ors ….Respondents J U D G M E N T Chelameswar, J. Leave granted. 2. Aggrieved by the Judgment in Criminal Writ Petition No.3253 of … Continue reading
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