Cases Citing Section 13

FACTS: Petitioner's passport was impounded without giving reasons. Held: Article 21 procedure must be 'just, fair, and reasonable', not arbitrary or oppressive. Ratio: Expanded Article 21 scope, introducing substantive due process principles into Indian jurisprudence....

FACTS: Petition seeking action for police failure to register an FIR for kidnapping. Held: Registration of FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. Ratio: No preliminary inquiry is permitted if cognizable offence is disclosed; ...

FACTS: Challenged Kerala Land Reforms Act. 13-judge bench reviewed parliament's power to amend the Constitution. Held: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'Basic Structure' of the Constitution. Ratio: Basic Structure doctri...

Pramod Sah presently residing at C/o Bachchu Rajak, Mohalla- Mahendru, Near Malariya Office, P.S.- Sultanganj, District- Patna, presently posted as Dresser in the Department of Surgical I.C.U. Patna Medical College and Hospital, Patna. 12.Pushpa Rani W/o Purushottam Das presently residing at - C/o ...

deems it fit and proper to refer to a judgment rendered by the learned Division Bench of this Court in the case of Babita Kumari v. The State of Bihar and others, reported in 2016 SCC Online Pat 9434, paragraphs no. 7 and 8 whereof are reproduced herein below:- “7. Having considered t...

the Indian Penal Code and later on Section 304 of the Indian Penal Code was added. 3. Prosecution case, in short, is that accused persons including this petitioner armed with lathi, danda and pistol assaulted the informant. On hulla, all the accused persons fled away. ...

registered under section 394 of the Indian Penal Code. 3. As per the prosecution case, three unknown accused persons are said to have looted Rs.13,000/ from the petrol pump on the point of firearm. 4. Learned counsel for the petitioner submits that the F.I.R. was registered agai...

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....

come under the purview of superstructure, as mentioned in Section 2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said...

Yadav. 3. As per the prosecution story, the informant alleged that he came to know about the killing of his brother and named the accused persons on suspicion that they have killed his brother. 4. Learned counsel for the petitioner submits that the informant is not an eye-witness and on suspicion t...