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A collection of 10 posts

Indian Penal Code

Vineet @ Chottu vs State Of UP - Ss 302, 304 IPC

Indian Penal Code 1860 - Section 302,304 - Trial Court framed charge in the first instance for the offence of culpable homicide not amounting to murder even when charge sheet is filed for the offence of murder - While dismissing SLP, SC observed: how can the Trial Court frame

Krishna Chandra vs State Of Uttar Pradesh - S 497 IPC - Complaint Quashed

Code of Criminal Procedure 1973 - Section 482 - Indian Penal Code 1860 - Section 497 - Complaint alleging offence under Section 497 IPC - HC refused to quash the complaint - Allowing appeal, SC observed - There is absolutely no question of convicting the appellant for the offence under

Constitution Of India

MC Mehta vs Union Of India - Fundamental Right To Pollution Free Atmosphere - Crackers Ban

Constitution of India - Article 21 -The right to live in a pollution-free atmosphere is a fundamental right of every citizen, protected by Article 21 of the Constitution of India - No religion encourages any activity which creates pollution. The use of firecrackers also affects the fundamental right to health

Vasudeo Dattu Holkar vs Damodhar Dhondiba Zambare (D) - Maharashtra Tenancy and Agricultural Lands Act

Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 31 - irrespective of the question whether the landlord is a minor or a widow or a person subject to any mental or physical disability, landlord is having an irrecusable duty to send an intimation to the tenant, before the expiry

Criminal Featured

Raghul Dinesh vs Sub Inspector Of Police - S 482 CrPC

Code Of Criminal Procedure 1973 - Section 482- To prevent abuse of process of court, High Court in exercise of its inherent powers under Section 482, Cr.PC could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was

Constitution Of India

Mandeep Singh vs Collector - Writ Petition - Election Matters

Constitution of India - Article 226 -Election matters-When the election process has begun, no order should normally be passed by the courts interfering with the election. The logic being that, if in such election matters, an interference is made by the Courts, then in all likelihood, no election can take

Dr Subramanian Swamy vs State Of Andhra Pradesh - Tirupati Laddoos

Summary: PIL on controversy that adulterated ghee was used in manufacture/preparation of prasadam/laddoos - Disposed of by issuing directions: In order to assuage the feelings of crores of people/devotees, investigation should be conducted by an independent SIT- I) The SIT constituted by the State Government is substituted

Criminal Featured

Wazid vs State Of UP - Bail - Long Pendency

Bail - Even a single day delay in deciding the bail application adversely affect the fundamental rights of the citizens - Deprecates practice of keeping bail application pending for years together. (Para 4-5) Read Order

Constitution Of India Featured

Kishan Chand Jain vs Union Of India - Article 348(1)(a) Constitution - SC/HC Court Proceedings English Language

Constitution of India - Article 348(1)(a)- Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides, all proceedings in the Supreme Court and in every High Court shall be in the English language- Dismissing Writ Petition in limine, SC observed: The challenge

Service Law Featured

Starpayal Natarajan Iyer vs State Of Gujarat - Service Law - Pension

Pension - Payment of pension is not a bounty but a recurring occurrence- Reiterated D.S. Nakara and Ors. Vs. Union of India: (1983) 1 SCC 305: AIR 1983 SC 130: (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the