Public Document

Saurav Das has prayed States to enable free public access to a Charge Sheet, filed as per Section 173 of The Code of Criminal Procedure, 1973, in furtherance of rationale as established in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473. Reliance on Youth Bar Association of India; Sections 74 […]

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Referred to Larger Bench XVII Answered: Illegal Gratification I

“The question, ‘whether in absence of evidence of complainant / direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability / guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of The Prevention of Corruption Act, 1988?’, requires a Larger […]

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Honourable Acquittal V

Pramod applied for the post of a Police Constable. He disclosed, he had been tried for an offence under Section 498A, IPC. As he was involved in a criminal case earlier, though acquitted, his candidature was rejected.   As such there was no suppression. Pramod was acquitted 7 years before he applied for the post […]

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Consent, March 2007

Omkar is a teacher in a Government school. Vimala was a student reading in said school. Vimala alleged, Omkar had sexual intercourse with her on putting her to fear, she would be failed. She was studying in Class VII for 3 years. Trial Judge found her to be more than 18 years. Whereas under Section […]

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Claim of Juvenility IV

The crime is heinous. Its execution was vicious and cruel, by any stretch of imagination. The entire crime was calculated and ruthless. Our adjudication is restricted to, whether Shubam Sangra was a juvenile on date of commission of offence. The ratio discernible is, credibility and acceptability of documents would depend on facts and circumstances. We […]

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Ethnic

Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993.   The meaning of ‘ethnic’ according to Merriam­-Webster Dictionary is, “of or relating to large groups of people […]

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Review of Death Penalty XXXII

Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed […]

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Contempt Jurisdiction X

Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and undertakings to mislead Courts in India, including this Court, when he had no intention to comply or abide by any of his assurances. Acts would demonstrate, […]

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Papaver Somniferum L.

As such, ‘poppy straw’ would mean all parts of ‘opium poppy’ except seeds; ‘opium poppy’ has been defined under Section 2(xvii)(a) of The Narcotic Drugs and Psychotropic Substances Act, 1985 to mean, “the plant of the species Papaver somniferum L.”. Section 15 of 1985 Act provides for punishment for contravention in relation to ‘poppy straw’. […]

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Review of Death Penalty XXXI

High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]

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Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

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Preventive Detention Statute IV

Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay in arresting, pursuant to ‘order of detention’, which is prima facie unreasonable, State must give reasons explaining. Bhawarlal Ganeshmalji v. State […]

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Lord Hale’s Ghost Returns

The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]

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Review of Death Penalty XXX

While every delay in forwarding FIRs may not necessarily be fatal, Courts may be duty bound to see effect of such delay on creditworthiness of investigation. State of Rajasthan v. Daud Khan, (2016) 2 SCC 607 interpreted ‘forthwith’ appearing in Section 157(1) of The Code of Criminal Procedure, 1973. On question of compliance of Section […]

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Honourable Acquittal IV

Union Territory, Chandigarh Administration v. Pradeep Kumar, (2018) 1 SCC 797: whether it was an ‘honourable acquittal’ or only an extension of benefit of doubt, are aspects to be considered. State of Rajasthan v. Love Kush Meena, (2021) 8 SCC 774: mere fact of an acquittal would not suffice. Union of India v. Methu Meda, […]

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Domain Name III

Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]

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