Judgments High Courts & Apex Court

In order to commence a legal action, the person must have some real grievance against any person, i.e. he must claim that his rights, whether under the law, or under the contract, or under equity, or under the common law or customs, is infringed; or must say that law has been breached to his prejudice. The Locus means the Person approaching the Court of law must have a sufficient “interest” in the subject matter of the case. However, this requirement of Locus is exempted under the criminal law, except under certain situations, a person may still require a locus to initiate criminal proceedings. AIR 2001 SC 1820 Para 5:   Before adverting to the matter in issue and the rival contentions advanced one redeeming feature ought to be noticed here pertain to Criminal jurisprudence. To pursue an offender in the event of commission of an offence, is to sub-serve a social need -- Society cannot afford to have a criminal escape his liability, since that would bring about a...

AIR 2002 SC 1949 Para 1:   Though sad, yet it is a fact that people do not hesitate in resorting to vengeance even on the unfortunate deaths of their nears and dears. There is a tendency to rope in as many people as possible for facing the trial relating to the death or injuries to the unfortunate victims. Sometimes it is over -enthusiasm and many a times designed effort to harass the relations and friends of the real culprits. It has been found that on occasions innocent persons including aged, infirm, ladies and children are booked for standing at the dock and remain confined in jails till the pendency of the cases. Some are acquitted by the trial Court and many by the appellate Courts but only after their languishing in confinements for years. Such efforts of unscrupulous survivors of the crime or the relations of the victims invariably but unfortunately helps the real culprits as it becomes difficult for the Court to sift the grain out of the chaff. Under such circums...

AIR 2002 SC 1949 Para 12:   Awadesh Singh (A -11) who was also convicted with the aid of Section 149, IPC has not filed an appeal in this Court. It view of the judgments of this Court in Raja Ram and Ors. V/s. State of M.P. [1994 (2) SCC 568], Dandu Lakshmi Reddy V/s. State of Andhra Pradesh [1999 (7) SCC 69] and Anil Rai V/s. State of Bihar [JT 2001 (6) SC 2001] he is also entitled to the benefit of this judgment. This Court has set up a judicial precedent that where on evaluation of the case if the Court reaches the conclusion that no conviction of any accused is possible, the benefit of that decision must be extended to the co-accused, similarly situated, though he has not challenged the order by way of an appeal. DISCRETIONARY POWERS LORD GREENE, MR in Associated Provincial Picture House Ltd Vs Wednesbury Corp observed that it is a established law that a Person entrusted with a discretion must direct himself properly in law. He must call his own attention to the ma...