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1 - 10 of 15 (2.58 seconds)Article 14 in Constitution of India [Constitution]
Tarun Kumar vs Assistant Director Directorate Of ... on 11 October, 2023
31. The Hon'ble Apex Court has further observed in the
aforesaid judgment, i.e., Tarun Kumar vs. Assistant
Director Directorate of Enforcement (supra) that it is
axiomatic that the principle of parity is based on the
guarantee of positive equality before law enshrined in
Article 14 of the Constitution. However, if any illegality or
irregularity has been committed in favour of any individual or
a group of individuals, or a wrong order has been passed by a
judicial forum, others cannot invoke the jurisdiction of the
higher or superior court for repeating or multiplying the same
irregularity or illegality or for passing similar wrong order.
Article 14 is not meant to perpetuate the illegality or
irregularity. If there has been a benefit or advantage
Shivam Tyagi @ Kalu vs The State Of Uttar Pradesh on 17 October, 2023
52. Since in the instant case there is grave allegation
against the present appellant that he has committed gang
rape with the minor under the age of 16 years, when she
(prosecutrix) had gone to bring milk from the house of the
present appellant (appellant no.1), therefore this Court is of
the view that the alleged crime comes under the purview of
heinous crime, hence as per the ratio laid down by the
Hon'ble Apex Court in the case of Shivani Tyagi v. State of
U.P. & Anr.(supra) , the prayer for suspension of the present
appellant (appellant no.1) is not fit to be allowed.
The Indian Penal Code, 1860
Section 42 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 376DA in The Indian Penal Code, 1860 [Entire Act]
Ramesh Bhavan Rathod vs Vishanbhai Hirabhai Makwana Makwana ... on 20 April, 2021
32. It is further settled connotation of law that Court cannot
exercise its power in a capricious manner and has to consider
the totality of circumstances before granting bail and by only
simply saying that another accused has been granted bail is
not sufficient to determine whether a case for grant of bail on
the basis of parity has been established. Reference in this
regard may be made to the judgment rendered by the Hon'ble
Apex Court in Ramesh Bhavan Rathod vs. Vishanbhai
Hirabhai Makwana, (2021) 6 SCC 230, wherein, it has
been held as under: