Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.536 OF2011Public Interest Foundation & Ors. Petitioner(s) Union of India & Anr. Versus WITH Respondent(s) CRIMINAL APPEAL NOS. 1714-1715 OF2007WRIT PETITION (CRIMINAL) No.208 OF2011AND WRIT PETITION (CIVIL) No.800 OF2015JUDGMENT Dipak Misra, CJI In Yogendra Kumar Jaiswal and others v. State of Bihar and others1, the Court opined:- 1 (2016) 3 SCC1832 2. 'noun' when assumes all "Corruption, a the characteristics of a Verb', becomes self-infective and also develops resistance to antibiotics. In such a situation the disguised protagonist never puts a Hamletian question-"to be or not to be"-but marches ahead with perverted proclivity-sans concern, sans care for collective irrefragably without conscience. In a way, corruption becomes a national economic terror." The constitutional functionaries, who have taken the pledge to interest, and uphold the constitutional principles, are charged with the r...
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 ORDER Madan B. Lokur, J.1. Over the years, public interest litigation has brought immense social change through interventions made and directions issued by this Court. Public interest litigation has been initiated, very rarely, by suo motu1 exercise of jurisdiction by this Court. On most occasions, it has been initiated through a writ petition filed by activist individuals or organisations2. Again, quite infrequently, it has been initiated on the basis of a communication received by this Court3. 1 Suo Motu Writ Petitions: In Re: Outrage As Parents End Life After Childs Dengue Death, (2016) 10 SCC709 In Re: Death of 25 Chained Inmates in Asylum Fire in Tamil Nadu v. Union of India, (2002) 3 SCC31 In Re: Indian Woman says gang-raped on orders of Village Court published in Business and Financial News, (2014) 2 SCC7862 Writ Petitions filed: MC Mehta v...
Tag this Judgment!Court : Delhi
* % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h July, 2018 + W.P.(CRL) 2971/2017 and Crl. M.A. No.17269/2017 (Stay) APARNA GUPTA ........ Petitioner Represented by: Mr. Siddharth Aggarwal, Mr. Shri Singh, Mr. Aditya Singh, Ms. Jhanvi Dubey, Mr. Maneka Khanna and Ms. Mehak Nakra, Advocates. versus STATE OF NCT OF DELHI & ANR ........ RESPONDENTS Represented by: Mr. R.S. Kundu, Additional Standing Counsel for State with Ms. Suman Saharan and Mr. Bhagat Singh, Advocates with SI Amit Mann, PS Defence Colony. Mr. Narender Mann, Amicus Curiae for the complainant/respondent No.2. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. On a complaint filed by the respondent No.2 FIR No.145/2010 was registered at PS Defence Colony, New Delhi under Section 336 IPC.2. Allegations of respondent No.2 in the complaint were that on 17th November, 2010 at about 2.00 PM he had taken his minor child aged 18 months for vaccination at ADIVA Health Care 15, Anand Lok, August Kranti Mar...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2357 OF2017Government of NCT of Delhi Appellant Versus Union of India & Another Respondents WITH CONTEMPT PETITION (CIVIL) No.175 OF2016WRIT PETITION (CRIMINAL) No.539 OF1986IN CIVIL APPEAL No.2358 OF2017CIVIL APPEAL No.2359 OF2017CIVIL APPEAL No.2360 OF2017CIVIL APPEAL No.2361 OF2017CIVIL APPEAL No.2362 OF2017CIVIL APPEAL No.2363 OF2017CIVIL APPEAL No.2364 OF2017AND CRIMINAL APPEAL No.277 OF2017JUDGMENT Dipak Misra, CJI (for himself, A.K. Sikri and A.M. Khanwilkar, JJ.) 2 CONTENTS A. Prologue 322 B. Rivalised Submissions 2223 B.1 Submissions on behalf of the appellant 2334 B.2 Submissions on behalf of the respondents. 3445 C. Ideals/principles of governance 4550 representative D. Constitutional morality 5054 E. Constitutional objectivity 5457 F. Constitutional governance and the conception of legitimate constitutional trust. 5768 G. Collective responsibility. 6873 H. Federal functionalism and democ...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 25, 2018 + W.P.(C) 2511/1992 EX.LINK VISHAV PRIYA SINGH ........ Petitioner UOI Through: Ms. Ankita Patnaik, Adv. versus ..... Respondent Through: Ms. Barkha Babbar, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner with the following prayers:-" In view of the above and in the interest of justice, it is, therefore, most humbly prayed that this Honble Court may be pleased to issue appropriate writ, direction or order in the nature to :-"(a) DECLARE that the Summary Court Martial held on 25.7.90 in respect of the petitioner is not legally constituted and had no jurisdiction to proceed in the matter; (b) CERTIORARI quashing the entire W.P.(C) No.2511/1992 Page 1 of 41 proceedings of the said Summary Court Martial; (c) MANDAMUS directing the respondents to reinstate the petitioner forthwith in the service retrosp...
Tag this Judgment!Court : Delhi
$~R-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 825/2013 Date of Decision : November 07, 2017 % + PANKAJ @ DEEPAK BISWAS Through: Mr.Ajay Verma & Mr.Narsingh Narain, Advocates ..... Appellant versus STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Ms.Rajni Gupta, APP for the State PRATIBHA RANI, J.(ORAL) CRL.A. 825/2013 & CRL.M.A.13105/2017 1. Learned counsel for the appellant on instruction submits that the appellant is not pressing his appeal on merits. His prayer is limited to the extent that sentence awarded to the appellant may be ordered to run concurrently.2. Vide impugned judgment dated 13th February, 2013, the appellant was held guilty for committing the offence punishable under Section 376 IPC,IPC, 368 IPC and under Sections 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956. While passing the order on sentence dated 19th February, 2013 the family circumstances of the appellant were considered by the learned Trial Court but the prayer for taking a lenient view ...
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 : Delhi
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BUNTY STATE CORAM: Date of Judgment:12. h September, 2017 CRL. A. No.1644/2013 Through: Ms. Saahila Lamba, Adv. ..... Appellant versus ..... Respondent Through: Mr. Rajat Katyal, APP for the State. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) 1. This is an appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) filed against the judgment dated 08.08.2013 passed by the learned Trial Court in Sessions Case No.79/2012, arising out of FIR No.120/2012, Police Station Mahendra Park, whereby the Trial Court has convicted the appellant for the offences punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter referred to as IPC). Challenge is also laid to the order on sentence dated 19.08.2013, by virtue of which the appellant has been sentenced to undergo rigorous imprisonment for life and a fine to the tune of Rs. 20,000/- f...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO494OF2012JUSTICE K S PUTTASWAMY (RETD.), AND ANR. ..Petitioners VERSUS UNION OF INDIA AND ORS. ..Respondents WITH T.C. (CIVIL) NO151OF2013T.C. (CIVIL) NO152OF2013W.P.(CIVIL) NO833OF2013W.P.(CIVIL) NO829OF2013W.P.(CIVIL) NO932OF2013CONMT. PET. (CIVIL) NO144OF2014IN W.P.(C) No.494/2012 T.P.(CIVIL) NO313OF2014T.P.(CIVIL) NO312OF2014S.L.P(CRL.) NO.2524/2014 W.P.(CIVIL) NO.37/2015 W.P.(CIVIL) NO.220/2015 1 CONMT. PET. (C)NO.674/2015 IN W.P.(C) NO.829/2013 T.P.(CIVIL)NO.921/2015 CONMT.PET.(C)NO.470/2015 IN W.P.(C) NO.494/2012 CONMT.PET.(C)NO.444/2016 IN W.P.(C) NO.494/2012 CONMT.PET.(C)NO.608/2016 IN W.P.(C) NO.494/2012 W.P.(CIVIL) NO.797/2016 CONMT.PET.(C)NO.844/2017 IN W.P.(C) NO.494/2012 W.P. (C) No.342/ 2017 AND WITH W.P.(C) NO.000372/2017 JUDGMENT Dr D Y CHANDRACHUD, J This judgment has been divided into sections to facilitate analysis. They are : A The reference B Decision in M P Sharma C D E F...
Tag this Judgment!Court : Karnataka
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE31T DAY OF JULY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.1190 OF2010BETWEEN: MR.A.NIZAMUDDIN S/O LATE ABDULLA, AGED ABOUT53YEARS, R/O1457 F-5TH CROSS, ANNANAGAR, CHENNAI 600 010. ... APPELLANT (BY SRI S.BALAKRISHNAN, ADVOCATE) AND: STATE OF KARNATAKA BY MADIWALA POLICE INVESTIGATED BY CBI. ... RESPONDENT (BY SRI P.PRASANNA KUMAR, SPL.PP) ***** THIS CRL.A IS FILED UNDER SECTION3742) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATE2OF2003 FOR CONVICTING1409.2010/18.09.2010 PASSED BY THE SPECIAL JUDGE, XXXV ADDL.CITY CIVIL AND S.J., BENGALURU IN S.C.NO.643 THE APPELLANT/ACCUSED NO.12 THE OFFENCE PUNISHABLE UNDER SECTION256 259 R/W120B) OF IPC. THE APPELLNAT/ACCUSED NO.12 IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR FIVE YEARS AND PAY A FINE OF RS.10,000/- IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO FURTHER RIGOROUS IMPRISONMENT FOR THREE MONTHS-FOR THE ...
Tag this Judgment!