Tuesday, September 29, 2009

Two men removed from NY-bound flight at LAX

Two men reported to behave suspiciously, as one of them went to the airplane restroom after passengers were told by crew members to be in their seats.

Sunday, September 27, 2009

Oscar winning filmmaker Polanski arrested for raping minor

  1. In a latest Judgment, the Apex Court, in AIR 2000 SC

988 held in a case of rape committed on Bangladeshi woman

by Railway employees or Union of India, Since public functionaries

w ere involved who were guilty of the alleged offence of rape

and since the matter pertains to the violation of fundamental

rights and also enforcement of the public duties, remedy would

be available under the public law not-withstanding that a suit

could be filed for damages under private law , it was more so

where it was not violation of an ordinary right of a person but

the violations or fundamental rights guaranteed under Article 21

of the Constitution. The Supreme Court held the Union of

India to be vicariously liable in damages, as an employer, to

the person, wronged by its employees.

Sunday, September 13, 2009

Man faces 10-yr jail in MMS case

Polygraph acquits rape accused

"We wanted to unravel the truth and decided to send Jung for a polygraph test at the State Forensic Science Laboratory (SFSL) in Bhubaneswar. The report gave a clean chit to Jung, proving it beyond any reasonable doubt that Jung was framed in a false case," SP (Jajpur) D S Kutty said on Friday. Police said they will submit the polygraph report in court.

Saturday, September 5, 2009

Jack Tweed arrested over teen rape claims

Learned Counsel for the State submits that the Petitioner has filed a Civil suit before the Civil Court praying for injunction. We are of the view that even if a suit has been filed and whatever relief might have been sought for in the said suit, since the action of Opposite Parties in dispossessing the petitioner from his residential house is without jurisdiction and authority of law, the present Writ Petition is not barred._______Vol. 106 CLT 329

When writ to be issued in spite of availability of alternative remedy

In Harbanslal Sahnia (supra), Lahoti, J, (as His Lordship then was),
relied upon Whirpool Corporation vs. Registrar of Trade Marks [(1998) 8
SCC 1] observing that in an appropriate case, in spite of availability of the
alternative remedy, the High Court may still exercise its writ jurisdiction in
at least three contingencies : (i) where the writ petition seeks enforcement of
any of the fundamental rights; (ii) where there is failure of principles of
natural justice; or (iii) where the orders or proceedings are wholly without
jurisdiction or the vires of an Act is challenged.

Section 482 Cr. PC

Section 482 does not confer any new powers on the High
Court. It only saves the inherent power which the Court
possessed before the enactment of the Code. It envisages three
circumstances under which the inherent jurisdiction may be
exercised, namely, (i) to give effect to an order under the Code
(ii) to prevent abuse of the process of court, and (iii) to
otherwise secure the ends of justice. It is neither possible nor
desirable to lay down any inflexible rule which would govern
the exercise of inherent jurisdiction. No legislative enactment
dealing with procedure can provide for all cases that may
possibly arise. Courts, therefore, have inherent powers apart
from express provisions of law which are necessary for proper
discharge of functions and duties imposed upon them by law.
That is the doctrine which finds expression in the section
which merely recognizes and preserves inherent powers of the
High Courts. All courts, whether civil or criminal possess, in
the absence of any express provision, as inherent in their
constitution, all such powers as are necessary to do the right
and to undo a wrong in course of administration of justice on
the principle "quando lex aliauid alicui concedit, concedere
videtur et id sine guo res ipsae esse non potest" (when the law
gives a person anything it gives him that without which it
cannot exist). While exercising powers under the section, the
court does not function as a court of appeal or revision.
Inherent jurisdiction under the section though wide has to be
exercised sparingly, carefully and with caution and only when
such exercise is justified by the tests specifically laid down in
the section itself. It is to be exercised ex debito justitiae to do
real and substantial justice for the administration of which
alone courts exist. Authority of the court exists for
advancement of justice and if any attempt is made to abuse
that authority so as to produce injustice, the court has power
to prevent abuse. It would be an abuse of process of the court,
to allow any action which would result in injustice and prevent
promotion of justice, fn exercise of the powers court would be
justified to quash any proceeding if it finds that
initiation/continuance of it amounts to 'abuse of the process
of court or quashing of these proceedings would otherwise
serve the ends of justice. When no offence is disclosed by the
report, the court may examine the question of fact. When a
report is sought to be quashed, it is permissible to look into
the materials to assess what the report has alleged and
whether any offence is made out even if the allegations are
accepted in toto.

Friday, September 4, 2009

Quashing of FIR

  1. It is settled that High Court can exercise its power of judicial review in criminal matters. In State of Haryana and others vs. Bhajan Lal and others 1992 Supp (1) SCC 335, this court examined the extraordinary power under article 226 of the Constitution and also the inherent powers under Section 482 of the Code which it said could be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice. While laying down certain guidelines where the court will exercise jurisdiction under these provisions, it was also stated that these guidelines could not be inflexible or laying rigid formulae to the followed by the facts and circumstances of each case but with the sole purpose to prevent abuse of the process of any court or otherwise to secure the ends of justice. One of such guideline is where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Under Article 227 the power of superintendence by the High Court is not only of administrative nature but is also of judicial nature. This article confers vast powers on the High Court to prevent the abuse of the process of law by the inferior courts and to see that the stream of administration of justice remains clean and pure, The power conferred on the High Court under Articles 226 and 227 of the constitution and under Section 482 of the Code have no limits but more the power more due care and caution is to be exercised invoking these powers. When the exercise of powers could be under Article 227 or Section 482 of the Code it may not always be necessary to invoke the provisions of Article 226. Some of the decisions of this Court laying down principles for the exercise of powers by the High Court under Articles 226 and 227 may be referred to._____________292 CLT Vol106

Wednesday, September 2, 2009

Anand Jon gets 59 years for sex crimes

"If you are going to put me away, do it for the right reasons," he had implored. "Judge, this is my life here." But Wesley was unimpressed with Jon's arguments of juror misconduct, even though, Jon's family pointed out, there was lack of medical evidence and much of the prosecution case depended on the testimony of the alleged victims, who, they said, were trying to exploit the system for fame and money.

The young women, three of whom spoke at the sentencing, had a different story to tell. "I was 14. You took my adolescence, my trust, my dream and completely manipulated them for your sexual desires," said one, who is now 17. "It sickens me that a grown man can do such a thing to a girl. A girl who was naive and had the belief that all people were good. And you took that to your advantage."

That was around the time, the prosecution charged, Jon took advantage of his growing profile to entice young women over the internet with promises of modelling assignments and jobs.