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...
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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 ...
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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 ...
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Reported in : AIR1997SC610; 1997(1)ALD(Cri)248; 1998(46)BLJR161; 1997CriLJ743; 1996(4)Crimes233(SC); (1997)2GLR1631; JT1997(1)SC1; RLW1997(1)SC94; 1996(9)SCALE298; (1997)1SCC416; [1996]S
ORDERDr. Anand, J.1. The Executive Chairman, Legal Aid Services, West Bengal, a non-political organisation registered under the Societies Registration Act, on 26th August, 1986 addressed a letter to the Chief Justice of India drawing his attention to certain news items published in the Telegraph dated 20, 21 and 22 of July, 1986 and in the Statesman and Indian Express dated 17th August, 1986 regarding deaths in police lock-ups and custody. The Executive Chairman after reproducing the news items submitted that it was imperative to examine the issue in depth and to develop 'custody jurisprudence' and formulate modalities for awarding compensation to the victim and/or family members of the victim for atrocities and death caused in police custody and to provide for accountability of the officers concerned. It was also stated in the letter that efforts are often made to hush up the matter of lock-up deaths and thus the crime goes unpunished and 'flourishes'. It was requested that the letter...
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Reported in : AIR2009SC1881; JT2009(7)SC566; 2009(5)KarLJ257; 2009(7)SCALE6; (2009)6SCC61; 2009AIRSCW3378
Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court setting aside the judgment of acquittal recorded by learned Third Additional Sessions Judge, Bangalore. Learned Sessions Judge have found the accused appellant guilty of offence punishable under Section 498A and 302 of the Indian Penal Code, 1860 (In short the `IPC').2. Background facts leading to the prosecution of the appellant are as follows:On 13/14.2.1994 Smt. Mythradevi (hereinafter referred to as the `deceased') was done to death in the bedroom of the matrimonial home of the deceased. According to 'the investigation reports by about 6 a.m. on 14.2.1994 the inmates of the matrimonial home of the deceased learnt about the suspicious death of the deceased. By 9.30 a.m. on the very same day parents of the deceased came to the matrimonial home of the deceased after hearing the news of death of their daughter Mythradevi. Father of the deceased (P.W.6) informed the same to t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4288 OF2017(arising out of S.L.P. (Civil) No.15362 of 2016) Ram Kishan Fauji ... Appellant Versus State of Haryana and Ors. ... Respondents JUDGMENT Dipak Misra, J.Leave granted.2. The Chief Secretary to the Government of Haryana in exercise of power under Section 8(1) of the Haryana Lokayukta Act, 2002 (for brevity, the Act) made a reference to the Lokayukta, Haryana to enquire into the allegations, namely, (i) whether the allegations of bribery levelled in the alleged Compact Disc (CD) are correct, (ii) whether Change of Land Use (CLU)/Licence was granted in pursuance of these allegations, and (iii) whether by such act, any illegality was committed. The said reference was registered as Complaint No.773 of 2013 in the office of the Lokayukta, Haryana.3. Acting on the reference made by the Chief Secretary, the office of the Lokayukta issued a public notice requesting the public in general to send any ...
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Reported in : AIR1955SC633; (1956)58BOMLR831; 1955CriLJ1410; [1955]2SCR94
Das, J.1. The appellant before us was on the 9th December, 1952 convicted by the Presidency Magistrate, 13th Court, Bombay, of an offence under section 66(b) of the Bombay Prohibition Act (Act XXV of 1949) and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 250 or to undergo rigorous imprisonment for one month. The appellant preferred an appeal to the High Court of Judicature at Bombay but his appeal was summarily dismissed by a Bench of that Court on the 19th January, 1953. After the dismissal of that appeal the State of Bombay made a Criminal Revision application to the High Court for enhancement of the sentence. Notice having been issued to the appellant under section 439(2) of the Code of Criminal Procedure, learned counsel for the appellant claimed the appellant's right under section 439(6) to show cause against his conviction. This the High Court did not permit him to do. The High Court, however, did not think fit to make any order for enha...
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