by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
1.Tort — Compensation — The State is responsible for the tortious acts of its employees. An action for damages lies for bodily harm which includes battery, assault, false imprisonment, physical injuries and death. In case of assault, battery and false imprisonment the...
by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
CONSTITUTION OF INDIA Arts. 21, 22 & 32 — Custodial violence — Deaths in police lockups and custody – Custodial torture is a naked violation of human dignity and degradation which destroys, to a very large extent, the individual personality – Custodial death...
by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
1. Constitution of India Art 226 – Habeas Corpus petition – as per the inquiry report brother of the petitioner was arrested by the BSF personnel while on his way to his place of duty as a teacher and has disappeared since then – prayer to release the detenu and...
by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
1. Police lock-up or death trap ? Police lawlessness or rule of law ? Police muscle or personal modesty ? Police harassment or human rights ? Yet again a case of custodial death has given rise to myriad hard-touching and soul searching questions. In this country where...
by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
Kadra Pahadiya And Others, Petitioners V. State Of Bihar, Respondent.DATE OF DECISION: 06-05-1981 CITATION(S) : 1982-(069)-AIR -1167 –SC; 1983-(002)-SCC -0104 -SCCONSTITUTION OF INDIA Arts. 21 & 32 — Speedy trial — is a fundamental right implicit in the guarantee...
by Lfhri Organization | May 17, 2023 | Indian Courts Judgements
1. CONSTITUTION OF INDIA Arts. 21 & 14 — Handcuffing of undertrial prisoners while taking them to Court – Without Court’s permission – Undertrials educated persons and Court arrested while staging Dharana for public cause – Deprecated as violative of art. 21 –...