Monday, April 11, 2011
Jail not compulsory in check dishonour case
Supreme Court held that check dishonour cases are basically civil cases having overtones of criminal law. Punishment of jail not must. 2011 vol 3 Scale page 574
Monday, March 21, 2011
Power of Supreme Court under Art. 32, 142 to do justice
Supreme court has erred in case of Khatri (II) Vs. State of Bihar (supra) and observed:
"the court is not helpless and the wide p[owers given to this court by Article 32 which itself is a fundamential right, imposes a constitutional obligation on this court to forge such new tools, which may be necessary for doing complete justice and enforcing the fundamental rights guranteed in the constitution which enable the award of monetary compensation in appropriate cases, where that is the only mode of redress available. the power available to this court under Article 142 is also an enabling provision in this behalf. the contrary vew would not merely render the court pwerless and the constitutional guarantee a mirage, but may, in certain situations, be an incentive to extinguish life, if for the extreme contravention the court is powerless to grant any relief again the State except by punishment of the wrongdoer for the resulting offense, and recovery of damages under provate law, by the ordinary process. If the guarantee that deprivation of life and opersonal liberty cannot be made except in accordance with law, is to be real, the enforcement of the right in case of every contravention must also be possible in the constutitonal scheme,m the mode of redress being that which is appropriate in the facts of each case. This remedy in public law has to be more readily available when invoked by the have-note, who are not possessed of the wherewithal for enforcement of their rights in private law, even though its exercise is to be tempered by judicial restraint to avoid circumvention of private law remedies, where more appropriate."
"the court is not helpless and the wide p[owers given to this court by Article 32 which itself is a fundamential right, imposes a constitutional obligation on this court to forge such new tools, which may be necessary for doing complete justice and enforcing the fundamental rights guranteed in the constitution which enable the award of monetary compensation in appropriate cases, where that is the only mode of redress available. the power available to this court under Article 142 is also an enabling provision in this behalf. the contrary vew would not merely render the court pwerless and the constitutional guarantee a mirage, but may, in certain situations, be an incentive to extinguish life, if for the extreme contravention the court is powerless to grant any relief again the State except by punishment of the wrongdoer for the resulting offense, and recovery of damages under provate law, by the ordinary process. If the guarantee that deprivation of life and opersonal liberty cannot be made except in accordance with law, is to be real, the enforcement of the right in case of every contravention must also be possible in the constutitonal scheme,m the mode of redress being that which is appropriate in the facts of each case. This remedy in public law has to be more readily available when invoked by the have-note, who are not possessed of the wherewithal for enforcement of their rights in private law, even though its exercise is to be tempered by judicial restraint to avoid circumvention of private law remedies, where more appropriate."
Compenstion for gang rape in railway guest house.
Even a foreigner is entitled to compensation for gang rape on govt premises. The law is laid by Supreme Court in case of Chairman, railway board Vs. chandrima Dass case reported in 2000 (2) SCC 465
Quashing of criminal complaint
Grounds for quashing complaint are stated by Supreme Court in case of State of Haryana Vs. Bhajan Lal 1990 (2) Scale 1066,
Bank Liable for nigligence of officials
Regarding recent scams by officials of banks, it is important to note that in case of Haryana Gramin Bank, Supreme Court directed the Gramin Bank to pay amount which customer has lost due to manipulation of its officials 2011 (2) Scale 417 before recording of plea, Supreme Court directing trial court to hear the accused and examined his defence 2011 (2) Scale page 415
Thursday, March 17, 2011
Supreme Court asks why it is not possible to hold trials for 23 foreigners languishing in Indian Jails
Supreme Court has sought reply from Government on why is ti not possible to hold trials of 23 foreign nationals who are languishing in Indian Jails without any trial. Court asked this in case of Bhim Singh reported in 2011 vol. 1 SCALE page 697
Lawyers should advise clients for mediation
Supreme court has said that when parties are brothers or family members, lawyers should advise parties to resolve their disputes by mediations. Supreme court asked lawyers to follow Mahatma Gandhi's example. Supreme court advised this referring to sec. 89 of code of civil procedure, while deciding a case between B. S. Krishnamurthy and B. S. Natraj reported in 2011 vol 1 SCALE page 431
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