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The Supreme Court of India has emphasized that providing a copy of the FIR to the accused is an essential step for ensuring fairness in the criminal justice system. It allows for a well-informed defense and promotes justice in criminal trials. In Youth Bar Association vs Union of India, WP(Crl.) 68/2016, the Supreme Court issued…
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A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is a non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine…
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Who is a Necessary Party? Who is a Proper Party? Landmark Supreme Court Judgment on the difference between a ‘necessary party’ and a ‘proper party’. The Supreme Court of India in Mumbai Intl Airport Pvt Ltd vs. Regency Convention Centre & Hotels Pvt. Ltd. & Ors., (2016) 2 SCC 779 held- “15. A “necessary party” is a person who ought to…
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“13.3. …purposive interpretation needs to be given to the provisions of Section 125 CrPC. While dealing with the application of a destitute wife or hapless children or parents under this provision, the Court is dealing with the marginalised sections of the society. The purpose is to achieve “social justice” which is the constitutional vision, enshrined…
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Justice Krishna Iyer in his judgment held that the object of maintenance laws is : “9. This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39. We have no doubt that sections of statutes calling for…
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“21. In Smith v. East Elloe Rural Distt. Council the House of Lords held that the effect of fraud would normally be to vitiate any act or order. In another case, Lazarus Estates Ltd. v. Beasley, Denning, L.J. said: ‘No judgment of a court, no order of a Minister, can be allowed to stand if…
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“21. In Sachchey Lal Tiwari v. State of U.P. [(2004) 11 SCC 410: 2004 SCC (Cri) Supp 105] this Court while considering the evidentiary value of the chance witness in a case of murder which had taken place in a street and a passerby had deposed that he had witnessed the incident, observed as under:…
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