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1 - 10 of 25 (0.46 seconds)Section 6 in The Indian Evidence Act, 1872 [Entire Act]
Article 22 in Constitution of India [Constitution]
Smt. Nilabati Behera Alias Lalit Behera ... vs State Of Orissa And Ors on 24 March, 1993
"Another valuable authority comes
from India, Where the constitution
empowers the Supreme Court to
enforce rights guaranteed under it.
In Nilabati Bahera V. State of
Orissa (1993) Cri. LJ 2899, the
Supreme Court awarded damages
against the Stare to the mother of
a young man beaten to death in
police custody. The Court held that
its power of enforcement imposed a
duty to "forge new tools", of which
compensation was an appropriate on
where that was the only mode of
redress available. This Was not a
remedy in tort, but one in public
law based on strict liability for
the contravention of fundamental
rights to which the principle of
sovereign immunity does not apply.
These observations of Anand, J. at
P 2912 may be noted.