Tuesday, September 29, 2009
Two men removed from NY-bound flight at LAX
Sunday, September 27, 2009
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 20, 2009
Thursday, September 17, 2009
Wednesday, September 16, 2009
Monday, September 14, 2009
Sunday, September 13, 2009
Polygraph acquits rape accused
Sunday, September 6, 2009
Saturday, September 5, 2009
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
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
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
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
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.