Court : Delhi
..... the supreme court in sahadevan alias sagadevan (supra) upheld the conviction of the in-charge of the police station and the si finding the circumstances that vadivelu/deceased was brought to the police station in interrogation of a double murder and was assaulted by the appellants and ultimately found dead after a search directed by the madras high court in a habeas corpus petition filed by the family of vadivelu and that vadivelu was last seen with the appellants. ..... 4 were their close friends, accused 3 and 4 had accompanied the other two accused who were armed with pistols; all the four came together in a body and ran away in a body after the crime, coupled with no explanation being given for their presence at the scene, the court held that the circumstances led to the necessary inference of a prior concert and prearrangement which proved that the criminal act was done by all the accused persons in furtherance of their common intention. 52. ..... even a cursory perusal of the provision would show that in order to invoke the exception, the following essentials must be satisfied: (1) the person accused of murder must be a public servant as defined in section 21 ipc; (2) the act must have been done in good faith; (3) the offender must have believed the act to be lawful and necessary for the due discharge of this duty as a public servant; and (4) the act must have been done without any ill-will towards the victim.153. .....
Tag this Judgment!Court : Delhi
..... the supreme court in sahadevan alias sagadevan (supra) upheld the conviction of the in-charge of the police station and the si finding the circumstances that vadivelu/deceased was brought to the police station in interrogation of a double murder and was assaulted by the appellants and ultimately found dead after a search directed by the madras high court in a habeas corpus petition filed by the family of vadivelu and that vadivelu was last seen with the appellants. ..... 4 were their close friends, accused 3 and 4 had accompanied the other two accused who were armed with pistols; all the four came together in a body and ran away in a body after the crime, coupled with no explanation being given for their presence at the scene, the court held that the circumstances led to the necessary inference of a prior concert and prearrangement which proved that the criminal act was done by all the accused persons in furtherance of their common intention. 52. ..... even a cursory perusal of the provision would show that in order to invoke the exception, the following essentials must be satisfied: (1) the person accused of murder must be a public servant as defined in section 21 ipc; (2) the act must have been done in good faith; (3) the offender must have believed the act to be lawful and necessary for the due discharge of this duty as a public servant; and (4) the act must have been done without any ill-will towards the victim.153. .....
Tag this Judgment!Court : Delhi
..... the supreme court in sahadevan alias sagadevan (supra) upheld the conviction of the in-charge of the police station and the si finding the circumstances that vadivelu/deceased was brought to the police station in interrogation of a double murder and was assaulted by the appellants and ultimately found dead after a search directed by the madras high court in a habeas corpus petition filed by the family of vadivelu and that vadivelu was last seen with the appellants. ..... 4 were their close friends, accused 3 and 4 had accompanied the other two accused who were armed with pistols; all the four came together in a body and ran away in a body after the crime, coupled with no explanation being given for their presence at the scene, the court held that the circumstances led to the necessary inference of a prior concert and prearrangement which proved that the criminal act was done by all the accused persons in furtherance of their common intention. 52. ..... even a cursory perusal of the provision would show that in order to invoke the exception, the following essentials must be satisfied: (1) the person accused of murder must be a public servant as defined in section 21 ipc; (2) the act must have been done in good faith; (3) the offender must have believed the act to be lawful and necessary for the due discharge of this duty as a public servant; and (4) the act must have been done without any ill-will towards the victim.153. .....
Tag this Judgment!Court : Delhi
..... present petition as paragraphs a to h to the ..... against the plaintiff with the criminal intent to further tarnish his character, image and reputation so as to defame him and that the said complaints had been made with the sole malafide intent to lower his image, reputation, standing and character in the eyes of the society at large and more particularly in the eyes of the residents of the colony in which the plaintiff has been residing since 1979 and the contents of the said complaints are depicted in the plaint by the plaintiff of the said suit, arrayed as the respondent to the ..... the present petitioner herein was appointed as the president of an illegally formed / unregistered and sham rwa named sheikh sarai, phase-i, mig flats owners association which was neither registered nor registered under the societies registration act and was a non-entity.4. .....
Tag this Judgment!Court : Delhi
..... . poonawalla v union of india (supra) in the context of mob lynching, which could apply equally in instances like the present one where there has been a targeted killing, are also required to be acted upon urgently if justice is to be ultimately delivered in these kinds of cases: (viii) the victim(s) or the next of kin of the deceased in cases of mob violence and lynching shall be given timely notice of any court proceedings and he/she shall be entitled to be heard at the trial in respect of applications such as bail, discharge ..... . the lci has in its 113th report on 'injuries in police custody' (1985), the 152nd report on 'custodial crimes' (1995), the 185th report on the 'review of the indian evidence act' (2003) and the 273rd report on 'the implementation of the un convention against torture' (2017), emphasised this ..... , release and parole filed by the accused persons ..... . their depositions prove that the truck used in the commission of the act was brought to the 41st battalion of pac in ghaziabad on the night of 22nd may .....
Tag this Judgment!Court : Delhi
..... . poonawalla v union of india (supra) in the context of mob lynching, which could apply equally in instances like the present one where there has been a targeted killing, are also required to be acted upon urgently if justice is to be ultimately delivered in these kinds of cases: (viii) the victim(s) or the next of kin of the deceased in cases of mob violence and lynching shall be given timely notice of any court proceedings and he/she shall be entitled to be heard at the trial in respect of applications such as bail, discharge ..... . the lci has in its 113th report on 'injuries in police custody' (1985), the 152nd report on 'custodial crimes' (1995), the 185th report on the 'review of the indian evidence act' (2003) and the 273rd report on 'the implementation of the un convention against torture' (2017), emphasised this ..... , release and parole filed by the accused persons ..... . their depositions prove that the truck used in the commission of the act was brought to the 41st battalion of pac in ghaziabad on the night of 22nd may .....
Tag this Judgment!Court : Delhi
..... . poonawalla v union of india (supra) in the context of mob lynching, which could apply equally in instances like the present one where there has been a targeted killing, are also required to be acted upon urgently if justice is to be ultimately delivered in these kinds of cases: (viii) the victim(s) or the next of kin of the deceased in cases of mob violence and lynching shall be given timely notice of any court proceedings and he/she shall be entitled to be heard at the trial in respect of applications such as bail, discharge ..... . the lci has in its 113th report on 'injuries in police custody' (1985), the 152nd report on 'custodial crimes' (1995), the 185th report on the 'review of the indian evidence act' (2003) and the 273rd report on 'the implementation of the un convention against torture' (2017), emphasised this ..... , release and parole filed by the accused persons ..... . their depositions prove that the truck used in the commission of the act was brought to the 41st battalion of pac in ghaziabad on the night of 22nd may .....
Tag this Judgment!Court : Delhi
..... there is no contest raised at this stage by the petitioners to the fact that there is ample evidence to show that prior to the aforementioned two employees of the agency engaged by aiims conducting the scanning and evaluation of the omr answer-sheets, the concerned authorities had taken a precaution wherein all the answer-sheets handed over to them through the agency were first subjected to imaging. ..... (iii) the court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities, etc. ..... per contra, it is argued by the petitioners that in absence of any proof of any direct or indirect contact between them and the prime conspirators, no recovery having been made of any incriminating documents from their hands, there being no evidence of the petitioners having any access to the omr answer- sheets, the authorship of such manipulation not having been established, it is a case at best of mere suspicion and, therefore, the charge cannot be framed, it being impermissible for presumptions to be raised on account of acts of commission or omission ..... against this backdrop, the acts of commission or omission of co-conspirators will only enforce the view taken by the chief metropolitan magistrate in directing charges to be framed.15. .....
Tag this Judgment!Court : Delhi
..... there is no contest raised at this stage by the petitioners to the fact that there is ample evidence to show that prior to the aforementioned two employees of the agency engaged by aiims conducting the scanning and evaluation of the omr answer-sheets, the concerned authorities had taken a precaution wherein all the answer-sheets handed over to them through the agency were first subjected to imaging. ..... (iii) the court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities, etc. ..... per contra, it is argued by the petitioners that in absence of any proof of any direct or indirect contact between them and the prime conspirators, no recovery having been made of any incriminating documents from their hands, there being no evidence of the petitioners having any access to the omr answer- sheets, the authorship of such manipulation not having been established, it is a case at best of mere suspicion and, therefore, the charge cannot be framed, it being impermissible for presumptions to be raised on account of acts of commission or omission ..... against this backdrop, the acts of commission or omission of co-conspirators will only enforce the view taken by the chief metropolitan magistrate in directing charges to be framed.15. .....
Tag this Judgment!Court : Delhi
..... there is no contest raised at this stage by the petitioners to the fact that there is ample evidence to show that prior to the aforementioned two employees of the agency engaged by aiims conducting the scanning and evaluation of the omr answer-sheets, the concerned authorities had taken a precaution wherein all the answer-sheets handed over to them through the agency were first subjected to imaging. ..... (iii) the court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities, etc. ..... per contra, it is argued by the petitioners that in absence of any proof of any direct or indirect contact between them and the prime conspirators, no recovery having been made of any incriminating documents from their hands, there being no evidence of the petitioners having any access to the omr answer- sheets, the authorship of such manipulation not having been established, it is a case at best of mere suspicion and, therefore, the charge cannot be framed, it being impermissible for presumptions to be raised on account of acts of commission or omission ..... against this backdrop, the acts of commission or omission of co-conspirators will only enforce the view taken by the chief metropolitan magistrate in directing charges to be framed.15. .....
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