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Landmark Judgment by the Hono. Supreme Court of India, Dr. Anthony Raju Advocate, Supreme Court
In Mihir Gope Etc. v. The State of Jharkhand, the challenge was to the conviction of two accused for the offences under Sections 341, 307, 325 and 302 read with Section 34 of the IPC, and the sentencing thereunder. On principle, the Court first held that even though all the witnesses were related to the victims, their testimonies could not be disbelieved ipso facto. The Court disbelieved the eye witness accounts of two of the witnesses and their testimonies were found to be exaggerated and to be based on overall impression of the strikes rather than a factual narration of events. Accordingly, the Court set aside the judgment of conviction of the two accused under Sections 302, 325, 307 and 341 read with Section 34 and the sentence under those Sections. However, the injury being simple in nature, the Court convicted the accused under Section 324 IPC. [Key Words: Acquittal, common intention, simple injury, testimonies based on overall impression] [Coram: N.V. Ramana, J., Surya Kant, J., Aniruddha Bose, J.]
In S Sundara Kumar v. State, represented by the Inspector of Police, Vigilance and Anti-Corruption, the Court held that as the appellant, a senior citizen aged 69 years had been dismissed from service and served a year and one month in rigorous imprisonment, in a sentence for 2 years imposed, his sentence may be reduced to one year and one month and directed that he be released. [Key Words: Prevention of Corruption Act 1988 Sections 7, 13(2), 13(1)(d), Leniency] [Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J.]
In SREI Equipment Finance Ltd. v. Ramjan Ali & Ors., an appeal had been filed against a judgment of the High Court of Allahabad which had allowed an application under Section 482 CrPC and directed the release of certain JCB vehicles. The Court held that the Motor Vehicles Act, 1988 regulates the registration of vehicles, transfer of ownership and contains provisions regarding motor vehicles that are subject to hire purchase agreement. The Court held that where the order of the Assistant Regional Transport Officer had neither been set aside nor stayed, the High Court could not have ignored the effect and consequences of the order. The Court held that where the statutory authority, while cancelling the registration certification, had concluded that the entry of the appellant as a person in whose favour the vehicle was hypothecated, which was there in the original registration certificate, had been fraudulently deleted, then any subsequent acts, including the registration certificate issued would become non est. [Key Words: Sections 55(5), 57(1), 57(3), 57(4) of the Motor Vehicles Act 1988, Rule 61 of the Central Motor Vehicle Rules 1989] [Coram: Ashok Bhushan, J., R Subhash Reddy, J., MR Shah, J.]
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(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.
All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
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Maharashtra: Activists, Rights' Groups Appeal to CM to Fill Vacancies in MSHRC
The position of a full-time chairperson of the Maharashtra State Human Rights Commission has been vacant since July 2018. The acting chairperson too retired on April 27, rendering the commission dysfunctional.
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Human rights abuses on the part of Indian forces in the area are frequently traced to immunity granted to Indian security forces under the Armed Forces (Special Powers) Act, 1958. The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".
States and territories: Arunachal Pradesh, Ass...
Area: 262,230 km2 (101,250 sq mi)
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