Review of Death Penalty XXIX

We could only appreciate thoroughness of investigation, where every step was appropriately and punctually taken and all relevant processes were methodically documented. We find criticism against Legal Aid Counsel to be unfair. Manoj Pratap Singh was rightly convicted by Trial Court and his conviction has rightly been maintained by High Court. After final conclusion on […]

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Abhorrent Godhra

There was unrest and violence all across State of Gujarat…   It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]

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Protective Gunshots

Learned Additional Solicitor General, Ms. Aishwarya Bhati submitted, testimony of Doctor-PW10 was a clincher and left no manner of doubt: EX. CT. Mahadev had made Nandan Deb kneel down and thereafter fired two shots directly at him. Doctrine of Right to Private Defence is founded on instinct of self-preservation. Buta Singh v. State of Punjab, […]

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Kangaro

‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries. We feel, it is just […]

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Bail For Narcotics

Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022. Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be […]

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Navjot Singh Sidhu

Original controversy emanates from an FIR, dated 27.12.1988, registered by Sub-Inspector of P.S. Kotwali of Patiala District, Punjab on basis of information about an occurrence around 12:30 PM at Battian Wala Chowk. In our view, some material aspects have been missed out at stage of sentencing. International Cricketer, Navjot Singh Sidhu was tall and well-built. […]

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Review of Death Penalty XXVII

For awarding termination of natural life, a careful scrutiny is required. In short, ‘crime test’ and ‘criminal test’ required to be followed before awarding Capital Sentence, did not gather required attention of Trial Court as also High Court. It is true, all murders are inhuman. For imposing Capital Sentence, crime must be uncommon in nature […]

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Furlough II

Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]

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104 Kilograms of Sea Gold

On receiving an intelligence input, Directorate of Revenue Intelligence had intercepted a Pakistan Flag Ship, ‘Al Madina’, in Indian territorial waters on 21/05/2019. Narcotics were being clandestinely brought into Gujarat from Pakistan. During interrogation, Captain stated, delivery had to be made at a particular position on sea for which a communication was to be sent […]

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Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II

State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]

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Political Vendetta

Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]

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Disciplinary Proceedings VIII

Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]

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Review of Death Penalty XXVI

Having regard to circumstances, preceding and following deceased being last seen together with accused, Court has no hesitation in holding, prosecution had proved beyond reasonable doubt all circumstances, so conclusive as to rule out possibility of any other hypothesis except guilt. We deem it proper to commute Death Sentence to Life Imprisonment.   The only […]

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Disciplinary Proceedings VII

M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]

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