Shiv Kumar vs Hukam Chand And Anr [ SC 1988 AUGUST]

KEYWORD:- Private prosecutor- Public Prosecutor- Trial- The prosecution in a sessions court cannot be conducted by anyone other than the Public Prosecutor. Act: Section 301(2)  and Section 302(2)Cr.P.C DATE : 30/08/1999 SUPREME COURT OF INDIA Bench: S.P.Kurdukar, K.T.Thomas, N.Santosh Hegde SHIV KUMAR Vs. HUKAM CHAND AND ANR. JUDGMENT: THOMAS, J It is as well for the protection… Read More Shiv Kumar vs Hukam Chand And Anr [ SC 1988 AUGUST]

Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant

Supreme Court  in the case of State of Karnataka v. Selvi J. Jayalalitha & Ors. [Criminal Appeal Nos.300 – 303 of 2017], wherein charges were framed against A1 – former Chief Minister of the State of Tamil Nadu and the co-accused viz. A2, A3 and A4 (respondents), for commission of alleged offences punishable under Section… Read More Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant

STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

National Forest Policy, 1988

The need to review the situation to evolve, for the future, a new strategy of forest conservation has become imperative. Conservation includes preservation, maintenance, sustainable utilisation, restoration and enhancement of the natural environment. It has thus, become necessary to review and revise the National Forest Policy.… Read More National Forest Policy, 1988

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

Shivaraj Vs. Rajendra & ANR [ALL SC 2018 SEPTEMBER]

September 05, 2018: MOTOR INSURANCE-Permanent disability should be reckoned as 67% to the whole body. However, after going through the evidence of the doctor who had treated the appellant and the medical records, we find that the assessment made by the tribunal about the extent of permanent disability at 60% to the whole body seems to be a possible view. We are not inclined to disturb the said finding and also because it has been justly affirmed by the High Court, being concurrent finding of fact. Accordingly, the claim of the appellant for enhancement of compensation amount does not merit interference-APPEAL NOT ALLOWED.… Read More Shivaraj Vs. Rajendra & ANR [ALL SC 2018 SEPTEMBER]

Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.… Read More Kuldip Nayar Versus Union of India and Ors [ALL SC 2006 AUGUST]

Board Of Control For Cricket In vs Kochi Cricket Pvt Ltd And Etc [ALL SC

all cases where the Section 34 petition is filed after the commencement of the Amendment Act, and an application for stay having been made under Section 36 therein, will be governed by Section 34 as amended and Section 36 as substituted. But, what is to happen to Section 34 petitions that have been filed before the commencement of the Amendment Act, which were governed by Section 36 of the old Act? Would Section 36, as substituted, apply to such petitions? To answer this question, we have necessarily to decide on what is meant by “enforcement” in Section 36. On the one hand, it has been argued that “enforcement” is nothing but “execution”, and on the other hand, it has been argued that “enforcement” and “execution” are different concepts, “enforcement” being substantive and “execution” being procedural in nature.… Read More Board Of Control For Cricket In vs Kochi Cricket Pvt Ltd And Etc [ALL SC

Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.… Read More Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]