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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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The Supreme Court of India in Paramjeet Batra v. State of Uttarakhand & Ors., (2013) 11 SCC 673 observed as follows- 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…
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Whether proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be used to decide title disputes? Recently, vide judgement dated 14th October, 2022 in Pawan Kumar and Anr. v. Divisional Commissioner Department of Revenue, Govt of Delhi and Others in LPA 525/2022, the Delhi High Court held as under: “9.…
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Relying on H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 (3Judge Bench), Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135 (3Judge Bench), Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91(2Judge Bench) Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780 (3Judge Bench) and Shivakumar…
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In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article…
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1. What are Cross Cases or Cross FIRs? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading…
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11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result…
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