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Asymmetric Federalism

District Council of United Khasi and Jaintia Hills v. Miss Sitimon Sawian AIR 1972 SC 787

ISSUE:

Whether the provisions of the United Khasi-Jaintia Hills District (Transfer of Land) Act, which regulated the transfer, allotment, occupation, or use of land within the autonomous district, were within the constitutional authority of the District Council?

RULE:

District Councils have no plenary power of legislation. Their legislative powers are limited by the Sixth Schedule of the Constitution.

Para 3 (1) (a) of the Sixth Schedule of the Constitution does not empower District Councils to legislate with respect to transfer of land.

The expression “the allotment, occupation or use, or the setting apart of land” does not take within its fold “transfer of land”

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Asymmetric Federalism

District Council of the Jowai v. Dwet Singh Rymbai, AIR 1986 SC 1930

ISSUE:

Whether the District Councils have the constitutional authority to impose royalty on timber extracted from private forests within its jurisdiction under the Sixth Schedule to the Constitution?

RULE:

The law-making powers of District Councils are limited by the provisions of the Sixth Schedule to the Constitution.

The powers of District Councils are different from the plenary powers of the legislature.

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Distribution of Legislative Competence

Vijay Kumar Sharma v. State of Karnataka AIR 1990 SC 2072

ISSUE:

Whether the doctrine of pith and substance applies in cases of repugnancy under Article 254 of the Constitution between Union and State legislations enacted under different entries of the same List of the Constitution?

Whether the provisions of the Karnataka Contract Carriages (Acquisition) Act, 1976, are repugnant to Sections 73, 74, and 80 of the Motor Vehicles Act, 1988, under Article 254 of the Constitution?

RULE:

In order to decide whether there is any repugnancy under Article 254 of the Constitution between a Union legislation and State legislation, the doctrine of pith and substance is the appropriate test.

As per the doctrine of pith and substance, if the dominant intention of the Union and State legislation are different, then they cannot be said to be repugnant even if they refer to some allied subjects, as the subject matter is different.

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Severe Offences

K. Prema S. Rao v. Yadla Srinivasa Rao, (2003) 1 SCC 217

ISSUE:

Whether the accused was guilty of abetting the suicide of the deceased under Section 306 IPC based on evidence of cruelty?

Whether the accused committed dowry death under Section 304B IPC by subjecting the deceased to cruelty in connection with a demand for dowry?

Whether the absence of a specific charge under Section 306 IPC affects the validity of the conviction under that section?

RULE:

Abetment of Suicide (Section 306 IPC): Abetment of suicide is established if the accused’s conduct constitutes cruelty under Section 498A IPC, leading the victim to commit suicide. The presumption under Section 113A Evidence Act supports conviction when suicide occurs within seven years of marriage.

Dowry Death (Section 304B IPC): A dowry death requires proof that the victim was subjected to cruelty or harassment soon before her death, and the cruelty must be directly linked to demands for dowry. The absence of this connection precludes conviction under this section.

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Nature ad functions of criminal procedure

Kishan Seva Sahkari Samithi Ltd. v. Bachan Singh, (1993) Cri LJ 2540 (All)

ISSUE:

Whether the order passed by the Learned Special Judge suffers from manifest error of law?

Whether the learned Special Judge had jurisdiction to drop the proceedings?

RULE:

Sections 228 and 240 of the Code of Criminal Procedure lays down that once a Sessions Judge frames charges against an accused, he has to either acquit or convict the accused and has no power to drop the proceedings.

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Uncategorized

Maria Monica Susairaj v. The State of Maharashtra, (2009) Cri LJ 2075 (Bom)

ISSUE:

Whether the petitioner is entitled to receive a copy of her confessional statement prior to the filling of the charge sheet?

RULE:

There is no prohibition in law to supply a copy or a certified copy of a confessional statement of an accused, to the accused, at any stage before filing of charge sheet.

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Law Of Bail

Moti Ram and Ors v. State of Madhya Pradesh AIR 1978 SC 1594

ISSUE:

Whether courts can release an accused without any surety under CrPC?

Whether the bail should take into account the socio-economic status of the accused?

Whether a surety can be rejected on the ground that the surety is in a different district or state?

RULE:

Bail includes release without sureties and must be guided by principles of social justice.

Courts must prioritise access to justice in granting bail to prevent arbitrariness and ensure personal liberty.

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Law Of Bail

Prahlad Singh Bhati v. N.C.T. Delhi and Ors. AIR 2001 SC 1444

ISSUE:

Whether the Magistrate wrongly granted bail to the accused charged for an offence punishable with death or life imprisonment?

RULE:

Section 437 of the Code of Criminal Procedure stipulates that only the High Court and Sessions Court can grant bail to a person accused of a non-bailable offence. Any other Court can grant bail only if there are no reasonable grounds to believe that the accused has committed the offence.

While granting bail, a Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the character, behaviour, means and standing of the accused, and similar other considerations.

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Law Of Bail

Ash Mohammad v. Shiv Raj Singh (2012) 9 SCALE 165

ISSUE:

Whether the High Court, while granting bail, failed to adequately consider the criminal antecedents of the accused and the gravity of the offense, thus making the order perverse and unsustainable?

Whether the High Court erred in prioritizing the period of custody over societal concerns and the nature of the alleged crime in granting bail?

Whether the grant of bail was justified despite the accused being a history-sheeter with numerous pending cases, including serious offenses?

RULE:

The discretion to grant bail must consider the gravity of the offense, criminal antecedents, societal interest, and evidence on record. A perverse or unreasoned order is liable to be set aside.

Individual liberty is subordinate to societal concerns in cases of heinous crimes or when public safety is at risk.

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Framing of Charge and Elements of Fair Trial

Dalbir Singh v. State of Uttar Pradesh, (2004) 5 SCC 334

ISSUE:

Whether the accused can be convicted under Section 306 IPC (abetment of suicide) despite no specific charge being framed under that section?

Whether the conduct of the accused constituted cruelty under Section 498-A IPC based on evidence of harassment and dowry demands?

Whether procedural irregularities, like absence of a charge under Section 306 IPC, invalidate the conviction if no prejudice is caused to the accused?

RULE:

Conviction without a specific charge: A conviction under Section 306 IPC is valid even without a specific charge if the accused had notice of the allegations, a fair opportunity to defend, and no failure of justice occurred.

Cruelty under Section 498-A IPC: Persistent harassment and dowry-related demands leading to mental or physical distress amount to cruelty under Section 498-A IPC, as evidenced by credible testimony and corroborative documents.

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