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Judgements

Registration of FIR (2013-11-12)

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the... Read More

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. (iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. (v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. (vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/ family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. (viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- The Accused offered cheque amount along with interest in accordance with the... Read More

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Protection of Women from Domestic Violence, 2005; Ss. 18, 19, 20 ------ Relief when the complainant/wife failed to prove Domestic Violence -------- Held: since the learned Magistrate has come to... Read More

Estoppel in Criminal Proceedings (2015-04-16)

Estoppel -- Estoppel in Criminal Proceedings -- The rule regarding issue estoppel relates to admissibility of evidence in subsequent proceedings which is designed to up-set a finding of... Read More

Surrender of Passport in Public interest (1978-01-25)

Passport Act, 1967; S. 10(3) (C ) – Constitution of India; Art. 19 and 21 -- Facts of the Case : Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional... Read More

Passport Act, 1967; S. 10(3) (C ) –
Constitution of India; Art. 19 and 21 --
Facts of the Case : Maneka Gandhi was issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport officer, New Delhi, issued a letter dated 2/7/1977 addressed to Maneka Gandhi, in which she was asked to surrender her passport under section 10(3)(c)of the Act in public interest, within 7 days from the date of receipt of the letter.

Maneka Gandhi immediately wrote a letter to the Regional Passport officer, New Delhi seeking in return a copy of the statement of reasons for such order. However, the government of India, Ministry of External Affairs refused to produce any such reason in the interest of general public. Later, a writ petition was filed by Maneka Gandhi under Article 32 of the Constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution.

ISSUES OF THE CASE:
1. Whether right to go abroad is a part of right to personal liberty under Article 21.
2. Whether the Passport Act prescribes a ‘procedure’ as required by Article 21 before depriving a person from the right guaranteed under the said article.
3. Whether section 10(3)(c) of the Passport Act is violative of Article 14,19(1) (a) and 21 of the constitution.
4. Whether the impugned order of the Regional passport officer is in contravention of the principle of natural justice.

Judgement and the Guidelines Issued:
>> To the extent to which section 10(3)(c) of the Passport Act, 1967 authorizes the passport authority to impound a passport “in the interest of the general public”, it violates Article 14 as it confers vague and undefined power on the passport authority.
>> Section 10(3)(c) is void as conferring an arbitrary power as it doesn’t provide for a hearing to the holder of the passport before the passport is impounded.
>> Section 10(3)(c) is violative of Article as does not prescribe ‘procedure’ within the meaning of that article and the procedure practiced is worst.
>> Section 10(3)(c) is against Articles 19(1)(a) and 19(1)(g) since it permits restrictions to be imposed on the rights guaranteed by these articles even though such restrictions cannot be imposed under articles 19(2) and 19(6).
>> A new doctrine of post decisional theory was evolved.
>> One of the significant interpretation in this case is the discovery of inter connections between the three Articles- Article 14, 19 and 21.
>> This law which prescribes a procedure for depriving a person of “personal liberty” has to fulfill the requirements of Articles 14 and 19 also.
>> It was finally held by the court that the right to travel and go outside the country is included in the right to personal liberty guaranteed under Article 21.
>> The rule was an enabling law which must also be “just, fair and reasonable”.

The settlement records of right are not the documents of title (2013-07-30)

West Bengal Estate Acquisition Act, 1953; S. 5A --- West Bengal Land Reforms and Tenancy Tribunal Act, 1997 – West Bengal Land Reforms Act, 1956 – Revenue Officer hold that the transfer... Read More

Cause of action to claim a relief of permanent injunction (2018-04-13)

Civil Law – Practice and Procedure – Held: Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are... Read More

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Consumer Protection Act, 1986; S. 2(1) (d) ----- Whether land owner who entered into agreement with Developer for development of property is a consumer ------ What is required to be scrutinised... Read More

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Writ Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We direct and allow the Child Welfare Committee of District Lucknow to take over the cause of adoption of the child born to "A" on 26th October, 2015, who is presently in the care of Paediatrics Department of King George's Medical University, Lucknow. The Department shall handover the child as and when the doctors find that the child is medically fit to be handed over to the committee. The committee shall, thereafter, act in the manner provided in the judgment. The Member Secretary of the State Legal Services Authority in consultation with the amicus curiae shall supervise the process of adoption.

(2)As soon as "A" regains her mental balance and equilibrium, she will be allowed admission in a proper class in an appropriate school. The first and foremost preference should be given to any Kasturba Gandhi Girls' School. These are residential schools in which girls are allowed to stay and taken care of completely. They are given food, shelter, books, uniforms and matterial for recreation also. If "A" or her parents approach the authorities of Kasturba Gandhi Residential School of her choice, admission should be allowed to her. If an application is made to the Basic Shiksha Adhikari of the District it shall be his duty to ensure admission of "A" in one of the best run schools of Kasturba Gandhi Residential Schools of the District.

(3)If "A" chooses not to go to residential school then a Government Girls' Inter College of her choice will allow her admission without insisting on any entrance examination or the criteria of selection on merit basis. The State Government should ensure that education is provided free of costs to "A". She will be allowed full freeship of fees and other charges whatsoever.

(4)It shall be the duty of the Principal of the college concerned to ensure that the teachers of the college, staff and the students do not discriminate her in any manner. All possible mental, moral and psychological help should be given by the teachers to help her gain strength to face the challenges of life. The principal should also ensure that the past life of "A" is not propagated and she is treated as another normal student of the school.

(5)If "A" wants to continue her studies after 10+2 Standard (Intermediate), admission should be given to her in any government degree college with full free ship of fee. This will continue till graduation.

(6)In addition to payment of Rs.3,00,000/- as compensation under Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, the State Government shall make a fixed deposit of a sum of Rs.10,00,000/- (Rupees Ten lacs) in favour of "A" in any nationalized bank which will be given to her only when she reaches the age of 21 years. The District Magistrate of the District where the family of "A" chooses to live henceforth will ensure that bank account is opened in the name of "A" in any nationalized bank, chosen by her father. It is made clear that at the maturity of the aforesaid fixed deposit, only "A" will be entitled to get the money.

(7)Superintendent of Police of the District where "A" and her family choose to reside will ensure the safety, security and dignity of the family. No one from the society should be allowed to degrade, discriminate or excommunicate the victim or her family on the ground of unfortunate incident of rape.

(8)If "A" applies for any apprenticeship in any available scheme or in any vocational course of any Government department or any other instrumentality of the State, preference should be given to her in such matters.

(9)After attaining the age of majority, some suitable job be also provided to her according to her ability / qualifications. Such security of job is the surest way of bringing her up in the main stream once again. When occasion arises the petitioner shall have the liberty of moving an application to the Chief Secretary of the State to ensure that a suitable job is provided to her.

(10)The N.G.O.s or any other agency which wants to help the victim and her family in any manner, will be welcome to do so and earn the appreciation of this Court as well as of the society in general.

Can illegitimate child succeed mothers property (1964-03-13)

Hindu Succession Act, 1956; -- Whether illegitimate son/daughter does not succeed his/her mother's property -- The normal rule of construction of the words "child" "son" or... Read More

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Judgements

Registration of FIR (2013-11-12)

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Estoppel in Criminal Proceedings (2015-04-16)

Surrender of Passport in Public interest (1978-01-25)

The settlement records of right are not the documents of title (2013-07-30)

Cause of action to claim a relief of permanent injunction (2018-04-13)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Can illegitimate child succeed mothers property (1964-03-13)

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Judgements

Registration of FIR (2013-11-12)

Compounding of offence punishable under section 138 N. I. Act (2012-07-13)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Estoppel in Criminal Proceedings (2015-04-16)

Surrender of Passport in Public interest (1978-01-25)

The settlement records of right are not the documents of title (2013-07-30)

Cause of action to claim a relief of permanent injunction (2018-04-13)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Can illegitimate child succeed mothers property (1964-03-13)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

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Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

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Family Law