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1 - 10 of 17 (0.24 seconds)Section 379 in The Indian Penal Code, 1860 [Entire Act]
Sebastian M. Hongray vs Union Of India And Others on 24 November, 1983
In Nilabati Behera v. State of Orissa
(1993) 2 SCC 746, their Lordships of the Supreme court had
surveyed various earlier decisions in the matter of award of
compensation to the victims of custodial death and Police
torture (Rudul Sah v. State of Bihar (1983) 4 SCC 141,
Sebastian M. Hongray v. Union of India (1984) 1 SCC 339,
Bhim Singh v. State of J & K (1985) 4 SCC 677, Saheli:
Saheli, A Women'S Resources Centre, ... vs Commissioner Of Police, Delhi Police ... on 14 December, 1989
A women's Resources Centre v. Commissioner of Police,
Delhi Police Headquarters (1990) 1 SCC 422 etc.). The
principle on which the Court's power under Articles 32 and 226
of the Constitution to award monetary compensation for a
fundamental right has been discussed in the above decisions.
Article 21 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 143 in The Indian Penal Code, 1860 [Entire Act]
Smt. Nilabati Behera Alias Lalit Behera ... vs State Of Orissa And Ors on 24 March, 1993
It was further held in Nilabati supra that the old doctrine of
relagating the aggrieved to the remedies available in civil law,
limits the role of the court too much as protector and guarantor
of indefeasible rights of the citizens. Their Lordships alerted
that the courts have the obligation to satisfy the social
aspirations of the citizens because the courts and the law are
for the people and expected to respond to their aspirations.