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65. This Court, in its various pronouncements, has taken support of Section 56 of the Evidence Act to do substantial justice in respective matters. Some of them are being reproduced hereinafter to get a better picture of how judicial notice is taken: a) In the case of State of Kerala v. Unni (2007) 2 SCC…
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The Apex Court in D.K. Basu v. State of West Bengal, AIR 1997 SC 610, while emphasizing on personal liberty in a civilized society on the backdrop of constitutional philosophy especially enshrined under Articles 21 and 22(1) of the Constitution of India, has expressed thus: ―22. … The rights inherent in Articles 21 and 22(1) of the…
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We may remind the High Court of the observations made by this Court in Official Liquidator v. Dayanand and Others reported in (2008) 10 SCC 1. In this decision, this Court has emphasised the adherence to basics of judicial discipline and the need for predictability and a certainty in law. In that context, certain earlier…
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The Supreme Court of India in Career Institute Educational Society vs. Om Shree Thakurji Educational Society, Special Leave to Appeal (C) Nos. 7455-7456/2023 stated:- “The distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by several judgments of this Court, but we would like to refer…
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Difference between “Further Investigation” and “Re-investigation” 51. There is no doubt that “further investigation” and “re-investigation” stand altogether on a different footing. In Ramchandran v. R. Udhayakumar and Others reported in (2008) 5 SCC 413, this Court has explained the fine distinction between the two relying on its earlier decision in K. Chandrasekhar v. State…
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Reference may also be placed on the decision in Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135, where the fundamental rights enshrined under Article 21 of the Constitution of India were discussed in the context of “speedy trial” juxtaposed to “fair trial” in the following manner: “83. A “speedy…
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7. While exercising its jurisdiction under Section 482 of the Code the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of the process of any court or otherwise to secure ends of justice. Whether a complaint discloses a criminal offence or not…
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