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The Last Word by Rudrajyoti Nath Ray - 4h ago

“It needs to be borne in mind that there may be certain activities which the society perceives as immoral per se. It may include gambling (though that is also becoming a debatable issue now), prostitution etc. It is also to be noted that standards of morality in a society change with the passage of time. A particular activity, which was treated as immoral few decades ago may not be so now. Societal norms keep changing. It cannot be denied that dance performances, in dignified forms, are socially acceptable and nobody takes exceptions to the same. On the other hand, obscenity is treated as immoral. Therefore, obscene dance performance may not be acceptable and the State can pass a law prohibiting obscene dances. However, a practice which may not be immoral by societal standards cannot be thrusted upon the society as immoral by the State with its own notion of morality.”

Hon’ble Justice A.K. Sikri, Indian Hotel and Restaurant Association v. The State of Maharashtra, [Writ Petition (Civil) No. 576 of 2016].

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The Last Word by Rudrajyoti Nath Ray - 9h ago

Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a normal state of mind when the incident took place.  As per Dr. S.J. Mahumani, he had blunt thoughts; delusion of persecution; delusion of black magic; no guilt or remorse; anditory hallucination. Onus is on the defence to produce evidence to get the case covered by Section 84, IPC.

In Re: Death Sentence

“Appellant has not been able to establish insanity. However, he was under mental strain and stress. He is not a person of criminal antecedents. His conduct in jail has been satisfactory. There is every possibility of his reform. We commute the Death Sentence to Life Imprisonment.”

Hon’ble Judges A.K. Sikri, S. Abdul Nazeer, M.R. Shah, Santosh Maruti Mane v. The State of Maharashtra, [Criminal Appeal Nos. 45-46 of 2010].

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The Last Word by Rudrajyoti Nath Ray - 14h ago

“The correctness of the decision in Sadanandan’s case was doubted. Three-Judge Bench of this Court in MSR Leathers v. S. Palaniappan held that there is nothing in the provisions of Section 138 of The Act that forbids the holder of the cheque to make successive presentation of the cheque and institute the criminal complaint based on the second or successive dishonour of the cheque on its presentation.

In the present case as pointed out earlier that cheques were presented twice and notices were issued on 31.08.2009 and 25.01.2010. Applying the ratio of MSR Leathers the complaint filed based on the second statutory notice is not barred and the High Court, in our view, ought not to have quashed the criminal complaint.”

Hon’ble Justice R. Banumathi, M/s. Sicagen India Ltd. v. Mahindra Vadineni, [Criminal Appeal Nos. 26-27 of 2019].

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The Last Word by Rudrajyoti Nath Ray - 2d ago

“It is true that an extra-judicial confession is used against its maker but as a matter of caution, advisable for the Court to look for a corroboration with the other evidence on record. In Gopal Sah, (2008) 17 SCC 128, this Court held that an extra-judicial confession is, on the face of it, a weak evidence and the Court is reluctant, in the absence of a chain of cogent circumstances, to rely on it, for the purpose of recording a conviction. The classic enunciation of law pertaining to circumstantial evidence, its relevance and decisiveness, as a proof of charge of a criminal offence, is amongst others traceable in Sharad Birdhichand Sarda, (1984) 4 SCC 116. It has further been considered by this Court in Sujit Biswas, (2013) 12 SCC 406 and Raja, (2015) 11 SCC 43. It has been propounded that while scrutinizing the circumstantial evidence, a Court has to evaluate it to ensure the chain of events is established clearly and completely to rule out any reasonable likelihood of innocence of the accused. Though the materials on record hold some suspicion, but the prosecution has failed to elevate its case from the realm of “may be true” to the plane of “must be true” as is indispensably required in law for conviction on a criminal charge. It is trite to state that in a criminal trial, suspicion, howsoever grave, cannot substitute proof.”

Hon’ble Justice A. Rastogi, Devi Lal v. State of Rajasthan, [Criminal Appeal No. 148 of 2010].

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The Last Word by Rudrajyoti Nath Ray - 2d ago

“In Gopal Sah, (2008) 17 SCC 128 the Court held that an extra-judicial confession is, on the face of it, a weak evidence and should not be relied upon to record a conviction, in the absence of a chain of circumstances. In Pancho, (2011) 10 SCC 165 as well, the Court refused to convict the accused on the basis of an extra-judicial confession, in the absence of other evidence of sterling quality on record, establishing his involvement. In Haricharan Kurmi, AIR 1964 SC 1184 the Court came to the conclusion that an extra-judicial confession cannot be treated as a substantive piece of evidence against the co-accused, holding that the proper judicial approach is to use it only to strengthen the opinion formed by the Court after perusing other evidence placed on record. In Sahadevan, (2012) 6 SCC 403 this Court culled out certain principles regarding the reliability of an extra-judicial confession. The proposition that extra-judicial confessions are a weak type of evidence and should not be relied upon in the absence of corroborative evidence has also been affirmed by this Court recently in Satish v. State of Haryana, (2018) 11 SCC 300.“

Hon’ble Justice N.V. Ramana, Kusal Toppo v. State of Jharkhand, [Criminal Appeal Nos. 1691-1692 of 2010].

_____

“Extra-judicial confession is a weak piece of evidence and the Court must ensure that the same inspires confidence and is corroborated by other prosecution evidence. In order to accept extra-judicial confession, it must be voluntary and must inspire confidence. If the Court is satisfied that the extra-judicial confession is voluntary, it can be acted upon to base the conviction.

It is well settled that conviction can be based on a voluntarily confession but the rule of prudence requires that wherever possible it should be corroborated by independent evidence. Extra-judicial confession of accused need not in all cases be corroborated. In Madan Gopal Kakkad, (1992) 3 SCC 204 this Court after referring to Piara Singh, (1977) 4 SCC 452 held that the law does not require that the evidence of an extra-judicial confession should in all cases be corroborated. The rule of prudence does not require that each and every circumstance mentioned in the confession must be separately and independently corroborated.”

– Hon’ble Justice R. Banumathi, Ram Lal v. State of Himachal Pradesh, [Criminal Appeal No. 577 of 2010].

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The Last Word by Rudrajyoti Nath Ray - 3d ago

Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered.

Trial Court: Capital Punishment.

2:1 High Court: Acquittal.

Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal

“We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of information anywhere in the FIR. Accused persons were not absconding; unnatural. Delay in the arrest casts a serious shadow of doubt. Confession, hit by Article 20(3), inadmissible. Recovery on basis of involuntary statements. Artificial, got-­up story in the matter of identification of the ornaments. Non-­examination of two important witnesses in light of the recoveries. Likelihood of the seized weapons causing the injuries are very slim. Doubts on the credibility of the fingerprint evidence. We cannot rule out the possibility of tampering and post-facto addition of fingerprints.”

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The Last Word by Rudrajyoti Nath Ray - 5d ago

“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death while in service. Compassionate appointment, in other words, is not founded merely on parentage or descent, for public employment must be consistent with equality of opportunity which Article 16 of The Constitution guarantees. Hence, before a claim for compassionate appointment is asserted by the family of a deceased employee or is granted by the State, the employer must have rules or a scheme which envisage such appointment. It is in that sense that it is a trite principle of law that there is no right to compassionate appointment. Even where there is a scheme of compassionate appointment, an application for engagement can only be considered in accordance with and subject to fulfilling the conditions of the rules or the scheme.

The real issue in the present case, however, is whether the condition which has been imposed by The Circular of The Railway Board under which compassionate appointment cannot be granted to the children born from a second marriage of a deceased employee (except where the marriage was permitted by the administration taking into account personal law, etc.) accords with basic notions of fairness and equal treatment, so as to be consistent with Article 14 of The Constitution.

In Section 16(1) of The Hindu Marriage Act, 1955 the legislature has stipulated that a child born from a marriage which is null and void under Section 11 is legitimate, regardless of whether the birth has taken place before or after the commencement of Amending Act 68, 1976. Legitimacy of a child born from a marriage which is null and void, is a matter of public policy so as to protect a child born from such a marriage from suffering the consequences of illegitimacy. Hence, though the marriage may be null and void, a child who is born from the marriage is nonetheless treated as legitimate by Section 16(1).

The issue essentially is whether it is open to an employer, who is amenable to Part III of The Constitution to deny the benefit of compassionate appointment which is available to other legitimate children. Undoubtedly, while designing a policy of compassionate appointment, the State can prescribe the terms on which it can be granted. However, it is not open to the State, while making the scheme or rules, to lay down a condition which is inconsistent with Article 14 of The Constitution. The purpose of compassionate appointment is to prevent destitution and penury in the family of a deceased employee. The effect of the Circular is that irrespective of the destitution which a child born from a second marriage of a deceased employee may face, compassionate appointment is to be refused unless the second marriage was contracted with the permission of the administration. Once Section 16 of The Hindu Marriage Act, 1955 regards a child born from a marriage entered into while the earlier marriage is subsisting to be legitimate, it would not be open to the State, consistent with Article 14 to exclude such a child from seeking the benefit of compassionate appointment. Such a condition of exclusion is arbitrary and ultra vires. To deny compassionate appointment though the law treats a child of a void marriage as legitimate is deeply offensive to their dignity and is offensive to the constitutional guarantee against discrimination.

The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the object sought to be achieved. It would be offensive to and defeat the whole object of ensuring the dignity of the family of a deceased employee who has died in harness. It brings about unconstitutional discrimination between one class of legitimate beneficiaries – legitimate children.”

Hon’ble Justice Dr. D.Y. Chandrachud, Union of India v. V.R. Tripathi, [Civil Appeal No. 12015 of 2018].

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The Last Word by Rudrajyoti Nath Ray - 5d ago

“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND.

Gypsum (Calcium Sulphate Dihydrate): Natural Mineral.

Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable Materials Institute, Ottawa, Canada (March 1997).

AMEDNED ENTRY 56, SCHEDULE IV, THE RAJASTHAN VALUE ADDED TAX ACT, 2003, ‘GYPSUM IN ALL ITS FORMS’ = GYPSUM + GYPSUM IN ALL ITS FORMS + GYPSUM BOARD.

Hon’ble Justice Sanjay Kishan Kaul, The Additional Commissioner (Legal), Commercial Taxes, Rajasthan v. M/s. Lohiya Agencies, [Civil Appeal Nos. 180-186 of 2019].

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The Last Word by Rudrajyoti Nath Ray - 6d ago

‘WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM’: JUDGE LEARNED HAND.

Gypsum (Calcium Sulphate Dihydrate): Natural Mineral.

Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable Materials Institute, Ottawa, Canada (March 1997).

AMEDNED ENTRY 56, SCHEDULE IV, THE RAJASTHAN VALUE ADDED TAX ACT, 2003, ‘GYPSUM IN ALL ITS FORMS’ = GYPSUM + GYPSUM IN ALL ITS FORMS + GYPSUM BOARD.

Hon’ble Justice Sanjay Kishan Kaul, The Additional Commissioner (Legal), Commercial Taxes, Rajasthan v. M/s. Lohiya Agencies, [Civil Appeal Nos. 18-186 of 2019].

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The Last Word by Rudrajyoti Nath Ray - 1w ago

Security Clearance is Mandatory – The Cable Television Network (Amendment) Rules, 2012. 

My Lord, Principle of Natural Justice, Fair Play Overlooked?

“In similar circumstances, in Ex-Armymen’s Protection Services Private Limited, (2014) 5 SCC 409 the following was laid down:

“What is in the ‘interest of national security’ is not a ‘question of law’. It is a ‘matter of policy’. It is not for the Court to decide; left to the Executive. In a ‘situation of national security’, a party cannot insist for the ‘strict observance’ of the Principles of Natural justice. The Court is entitled to see whether it is a case where the ‘interest of national security’ is involved.”

Appellant was not entitled to claim any ‘prior notice’ before ‘cancellation order’. Principles of Natural Justice were not violated.”

Hon’ble Justice Abhay Manohar Sapre, Digi Cable Network (India) Pvt. Ltd. v. Union of India, [Civil Appeal No. 120 of 2019].

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