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1 - 10 of 11 (0.22 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 342 in The Indian Penal Code, 1860 [Entire Act]
Section 379 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Chairman Grid Corporation Of Orissa ... vs Smt. Sukamani Das And Anr. Etc on 15 September, 1999
(10). The another judgment cited by learned counsel for the respondents in case of Smt. Sukamani (supra) has no application to the facts of this case. In that case, the question was regarding negligence and obviously, negligence cannot be proved by affidavits. It requires oral as well as documentary evidence, therefore, on peculiar facts of that case, the Hon'ble Supreme Court held that "It is the settled legal position that where disputed question of facts are involved, a petition under Article 226 of the Constitution is not a proper remedy." The Hon'ble Supreme Court has further held that "The High Court has not and could not have held that the disputes in these cases were raised for the sake of raising them and that there was no substance therein. The High Court should have directed the writ petitioners to approach the Civil Court."
Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996
(14). Once this Court comes to the conclusion that it was a custodial death, then there cannot be any hesitation on the part of this Court to exercise its powers under Article 226 of the Constitution and award reasonable compensation in its writ jurisdiction till she files suit before the competent civil court for total sum of Rs. Ten lakhs (Rs. 10,00,000/- only, I am supported in my view by the judgment of the Hon'ble Supreme Court in the case of D.K. Basu vs. State of West Bengal reported in (3). Hon'ble Dr. Anand, J. (as he then was) speaking for the bench has held that "For established breach of fundamental rights, compensation can be granted under public law by the Supreme Court and by the High Courts in addition to private law remedy for tortious action and punishment to wrongdoer under criminal law'.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
A.K. Singh And Ors vs Uttarakhand Jan Morcha And Ors on 13 May, 1999
In the case of Singh (supra), the facts were totally different, therefore, I would not like to deal with the same in detail but I would like to narrate the relevant facts of the above case in brief.