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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Exhumation

15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]

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Locus Standi in Access to Justice

If persons who participated in a selection process but who could not make it to the final list of selected candidates on account of alleged corrupt practices adopted by those in power are not ‘victims’, we do not know who else could be a ‘victim’. Section 2(wa) of The Code of Criminal Procedure, 1973. Hon’ble […]

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Lalita Kumari IV

A ‘public servant’ is said to commit ‘criminal misconduct’ if he is in ‘possession’ of pecuniary resources disproportionate to his ‘known sources of income’ for which the ‘public servant’ cannot ‘satisfactorily account’.   Explanation to Section 13(1)(e) of The Prevention of Corruption Act, 1988 defines ‘known sources of income’ to mean, income received from any […]

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Honourable Acquittal III

Phool Singh had entered Rajasthan Police Service as a Constable in 1987. He was posted at Police Station: Mania, District: Dholpur (Rajasthan). The question before this Court is only to see whether Phool Singh can be reinstated for he has been acquitted by a Criminal Court. There should be no ambiguity in law on this […]

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[Rank] Investigation III

Section 18 of The Maharashtra Control of Organized Crime Act, 1999 uses the expression, “not below the rank of the Superintendent of Police.” Nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441 observed, “not only is the word ‘primacy’ inextricably linked up with the words ’rank’ and ‘precedence’ but […]

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Remains of Gunpowder

Learned Counsel for Appellant has submitted, Complainant has a close nexus with Police Department as his Father is a Retired Inspector and his Brother and Sister are also Police Officers. Appellant has also brought to notice, Complainant had registered another criminal case in which Appellant already stands acquitted. Appellant claims to be falsely implicated, owing […]

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Provocation

Dauvram, for murder of Brother-Dashrath, was convicted under Section 302, IPC. In our opinion, this case will fall under Exception 1 to Section 300, IPC. K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567 interpreted Exception 1 to Section 300. For determining whether or not the provocation had temporarily deprived power of self-control, […]

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Burden of Proof

It is trite to refer to tenets laid down in Palermo and Vienna Conventions. There has been a consensus, acquisition-possession-use-concealing or disguising illicit origin of illegitimately obtained money to evade legal consequences would be money-laundering. However, growth of jurisprudence in this law did not stop or end…    _____ We hold, Section 24 of The […]

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First Information Report III

It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination. _____ We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, […]

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5 Lakhs for Supreme Court II

Himanshu Kumar claims to be running an NGO: Vanvasi Chetna Ashram. Himanshu’s Writ Petition relates to an alleged massacre on 17th September, 2009 and 1st October, 2009 in Gachhanpalli, Gompad and Belpocha situated in District of Dantewada, State of Chhattisgarh. An aggrieved person can only claim, offence he alleges be investigated properly. But, he has […]

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Claim of Juvenility III

An unfortunate incident took place on 08.09.2017 in an institution in Gurugram. Bholu’s D.o.B. – 03/04/2001. _____    The ‘preliminary assessment’ made by Juvenile Justice Board under Section 15 of The Juvenile Justice (Care and Protection of Children) Act, 2015 is under consideration. A ’preliminary assessment’ decides on transferring the case of a ‘child’ between […]

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