Court : Chennai Madurai
S. Nagamuthu, J. 1. This reference has been made by the learned Principal Sessions Judge, Tirunelveli, under Section 395(2) of the Code of Criminal Procedure, 1973, raising as many as five questions of law for a decision by this court. Before going into the said questions, let us have a quick look into the back ground of the reference. 2. This is a case of death in a police encounter. The victim of the encounter was one Mr.Kittu @ Kittappa. The occurrence was on 13.06.2015. The police team was headed by a Sub Inspector of Police. He used a fire arm in the encounter. The said Sub Inspector of Police made a report about the occurrence upon which a case was registered under Section 174 of the Code of Criminal Procedure in Crime No.119/2015 on the file of Suthamalli Police Station in Tirunelveli District. The said case was initially investigated by one Mr.N.Krishnaraj, the Inspector of Police, Suthamalli Police Station, Tirunelveli District. On his intimation, Mr.M.K.Mayakrishnan, the lear...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.406 OF2013RE- INHUMAN CONDITIONS IN1382PRISONS WITH I.A. No.68248 of 2017 JUDGMENT Madan B. Lokur, J.1. Custodial violence has always been a matter of great concern for all civilized societies. Custodial violence could take the form of third degree methods to extract information the method used need not result in any physical violence but could be in the form of psychological violence. Custodial violence could also include a violation of bodily integrity through sexual violence it could be to satisfy the lust of a person in authority or for some other reason. The Mathura Rape Case is one such incident that most are familiar with. Custodial violence could, sometimes, lead to the death of its victim who is in a terribly disadvantaged and vulnerable condition. All W.P. (C) No.406/2013 etc. Page 1 of 43 these forms of custodial violence make it abhorrent and invite disparagement from all section...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)95; 1997CriLJ2713
ORDERA.V. Savant, J. 1. Heard both the learned Counsel. 2. The petition is by an unfortunate father whose daughter deceased Mangaleshwari was married to Bhagwati Prasad Samwal at Ulhasnagar, Thane. It is stated in the petition that the marriage had put great financial strain on the petitioner and had virtually crippled him financially, since the petitioner was required to provide several items in lieu of dowry. It is alleged that a room at Manpada in Thane was also required to be purchased for the son-in-law Bhagwati Prasad and the petitioner had to spend Rs. 56,000/- for the room. Despite this, whenever the poor girl Mangaleshwari visited her parents, she was complaining of harassment and cruelty and demand of additional items such as sewing machine etc. Mangaleshwari was being taunted saying that if Bhagwati Prasad had married some other girl, he would have got more than Rs. 3,00,000/--as dowry. 3. In the morning of 6th July, 1996 when the petitioner visited his daughter's house viz....
Tag this Judgment!Court : Guwahati
B.P. Katakey, J. 1. The present Writ Application has been filed by Mr. Noklenlemba, father of Late Tiaba Ao who was allegedly died in police custody. By the present writ application, the petitioner prayed for awarding compensation in favour of the wife and the minor children of the deceased as well as to the writ petitioner for the said custodial death and also to fix the responsibility on the guilty officers and to take criminal action against them.2. Heard Mr. Imti Longchar, learned Counsel for the petitioner and also Ms. Y. Longkumer, learned Govt. Advocate for the respondents.3. This Court, vide order dated 11.10.2001, while issuing notice of motion directed the learned Addl. Deputy Commissioner (Judicial), Tuensang to cause an enquiry leading to the custodial death of the said deceased and after recording the evidences, both oral and documentary submit report. Accordingly report dated 21.2.2002 was submitted by Shri L.N. Sema, Addl. Deputy Commissioner (Judicial) Tuensang. The w...
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