LawforAll

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Sunday, April 27, 2014

Bail - Jail - Bail granted by High court in appeal stage - challenged by state - on the ground that 52 cases are pending - out it nearly out of them in 20 cases offences were registered against him before going to jail and during his stay in jail. 32 cases were registered after being released by this Court on conditional bail in August, 2001.- Apex court cancel bail orders and directed the High court to dispose the appeal with in one year = STATE OF MAHARASHTRA & ANR. … APPELLANTS VERSUS PAPPU @ SURESH BUDHARMAL KALANI … RESPONDENT = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41459

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Bail - Jail - Bail granted by High court in appeal stage - challenged by state - on the ground that 52 cases are pending - out it nearly ou...

Art.32 of Constitution - direction to register FIR under sec.376-C, 376-D, 376(2)(n) of the Indian Penal Code; for the arrest of the accused and for their prosecution after investigation of the case by the Central Bureau of Investigation as the police failed to do - in reply it was found that case was registered and accused were arrested - Apex court closed the case = NISHU ... PETITIONER(S) VERSUS COMMISSIONER OF POLICE, DELHI & ORS. ... RESPONDENT (S) = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41458

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  Art.32 of Constitution - direction to register FIR under sec. 376-C, 376-D, 376(2)(n) of the Indian  Penal  Code;  for  the  arrest of th...

Quashing of CRIMINAL CASE - STING OPERATION - The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement. Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act. - High court dismissed the petition for quash - Apex court confirmed the same = RAJAT PRASAD ... APPELLANT (S) VERSUS C.B.I. ... RESPONDENT (S) = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41457

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    Quashing of  CRIMINAL CASE - STING OPERATION -  The expression ‘sting operation’ seems to have emerged from the  title  of a popular mo...

Chapter III of Part VI of the Constitution deals with the State Legislature. Article 168 relates to constitution of Legislatures in States and Art.212, 252- New Government passed amendment bill extending the term of office from 6 to 8 years under Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (for short “the Amendment Act”) - Challenged on the ground that it was made for the purpose JUSTICE N.K. MEHROTRA WHO TERM WAS COMPLETED ON 15-3-2012 AND HIS CONTINUATION WAS ALSO CHALLENGED - Apex court held that Article 252 also shows that under the Constitution the matters of procedure do not render invalid an Act to which assent has been given to by the President or the Governor, as the case may be. Inasmuch as the Bill in question was a Money Bill, the contrary contention by the petitioner against the passing of the said Bill by the Legislative Assembly alone is unacceptable. In the light of the above discussion, we hold that Respondent No. 2 is duly holding the office of Lokayukta, U.P. under a valid law enacted by the competent legislature, viz., the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 as amended by the Uttar Pradesh Lokayukta and Up- Lokayuktas (Amendment) Act, 2012. However, we direct the State to take all endeavors for selecting the new incumbent for the office of Lokayukta and Up-Lokayuktas as per the provisions of the Act preferably within a period of six months from today.= Mohd. Saeed Siddiqui .... Petitioner (s) Versus State of U.P. and Another .... Respondent(s) =2014 ( April.Part ) judis.nic.in/supremecourt/filename=41456

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Chapter III of Part VI  of  the  Constitution  deals  with  the  State Legislature.   Article  168  relates  to  constitution  of  Legislat...