KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR 666 (SUPREME COURT OF INDIA) Kundula Bala Subrahmanyam and another Appellant Versus State of ANDHRA PRADESH Respondent (Before : Dr. A. S. Anand… Read More Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]
KEYWORDS:-ROLE OF CHIEF JUSTICE OF INDIA- DATE:-06-10-1993. AIR 1994 SC 268 : (1993) 2 Suppl. SCR 659 : (1993) 4 SCC 441 : JT 1993 (5) SC 479 : (1993) Suppl. SCALE 67 (SUPREME COURT OF INDIA) Supreme Court Advocates-on-Record Association and another Appellant Versus Union of India Respondent AND S. P. Gupta Appellant Versus… Read More Supreme Court Advocates-on-Record Association and another Vs Union of India[ALL SC 1993 OCTOBER]
Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.… Read More Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB
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]
Bharat Ratna and Padma awards are not “titles” within Article 18 of the Constitution of India. These awards can be given to the citizens for exceptional and distinguished services rendered in art, literature, science and other fields. These awards are national in character and only those who have achieved distinction at national level can be considered for these awards. The question to be considered, however, is whether the purpose of instituting these awards is being achieved and these are being conferred on the deserving persons. The history and experience shows that, in the beginning, these awards were given to a limited number of persons but in the recent years there have been floodgates of awards for the persons who are well known, lesser known and even unknown. The Padma awards have been conferred on businessmen and industrialists who have multiplied their own wealth and have hardly helped the growth of national interest. Persons with little or no contribution in any field can be seen masquerading as Padma awardees. The existing procedure for selection of candidates is wholly vague and is open to abuse at the whims and fancies of the persons in authority. Conferment of Padma awards without any firm guidelines and fool-proof method of selection is bound to breed nepotism, favoritism, patronage and even corruption.… Read More BALAJI RAGHAVAN AND S.P. ANAND Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]
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]
September 6, 2018-Writ Petitions under Article 32-Army Service Corps-The Officers belonging to the ASC, Army Ordinance Corps, and Electronic and Mechanical Engineers, i.e. the services stream, do not constitute a common cadre with those serving in the Arms, and Arms Support for the purposes of promotion.4 As a result, they were not entitled to be considered for promotion to the rank of Colonel against the vacancies created in pursuance of the implementation of the AVS Committee Report.
The Petitioners have contended that the Posting Orders passed by the Respondents posting them to operational areas/units is violative of their Fundamental Rights guaranteed by Articles 14 and 21 of the Constitution. The Petitioners have, however, failed to substantiate how their Fundamental Rights have been violated. Postings and transfers are a necessary incident of service. Hence, the grievance, if any, cannot be entertained under Article 32.… Read More Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]
September 04′ 2018: Custodial torture cases-As the police, in this case, are the violators of law’ who had the primary responsibility to protect and uphold law’ thereby mandating the punishment for such violation to be proportionately stringent so as to have effective deterrent effect and instill confidence in the society. It may not be out of context to remind that the motto of Maharashtra State Police is “Sadrakshnāya Khalanīghrahanāya” (Sanskrit: “To protect good and to Punish evil”)’ which needs to be respected. Those’ who are called upon to administer the criminal law’ must bear’ in mind’ that they have a duty not merely to the individual accused before them’ but also to the State and to the community at large. Such incidents involving police usually tend to deplete the confidence in our criminal justice system much more than those incidents involving private individuals-APPELLANT CONVICTED… Read More Yashwant Etc. Vs. State of Maharashtra[ ALL SC 2018 SEPTEMBER]
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: 11 December 2013 Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya JUDGMENT G.S. SINGHVI, J. 1. Leave granted. 2. These appeals are directed against order… Read More Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]
In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.… Read More C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.… Read More State of West Bengal and ORS Vs The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]
Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it, if it is satisfied that any person other than accused has committed an offence and he is to be tried together with the accused. The power is discretionary and such discretion must be exercised judicially having regard to the facts and circumstances of the case. Undisputedly, it is an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking action against a person against whom action had not been taken earlier. The word “EVIDENCE” in Section 319 contemplates EVIDENCE of witnesses given in Court. Under sub-section (4)(1)(b) of the aforesaid provision, it is specifically made clear that it will be presumed that newly added person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. That would show that by virtue of sub-section (4)(1)(b) a legal fiction is created that cognizance would be presumed to have been taken so far as newly added accused is concerned. (See Lok Ram v. Nihal Singh and Anr. (AIR 2006 SC 1892)).… Read More The scope and ambit of Sec. 319 of the Code of Criminal Procedure
The question whether free and fair election is possible to be held or not has to be objectively assessed by the Election Commission by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer holding of election.… Read More Special Reference No. 1 of 2002. [ALL SC 2002 October ]