Court : Delhi
Decided on : Sep-10-2004
Reported in : III(2004)ACC335; 2005ACJ216; 114(2004)DLT57; 2004(76)DRJ739
..... women from sexual harassment and to make their fundamental rights meaningful. governance of the society by the rule of law mandates this requirement as a logical concomitant of the constitutional scheme. the exercise performed by the court in this matter is with this common perception shared with the learned solicitor general an other members of the bar who rendered ..... types of losses are covered and in respect of the territorial coverage. on this last point, some jurisdictions cover all incidents that occur in their territory (regardless of the citizenship of the victim) and all incidents where a citizen of these jurisdictions is the victim (regardless of here the incident occurred). many jurisdictions have devoted special attention to informing ..... of crime (and their families) by, inter alia, ensuring that they are promptly compensated by the state in adequate measure under a well-laid out scheme. 3. in india, there is no such criminal injury compensation scheme in place and the private law remedies of damages and compensation are grossly inadequate. legislation on this aspect is not forthcoming. 4 ..... victims about compensation programmes, preferably as soon as possible after the incident.'' 15. the international norm is a move towards crime victim compensation. unfortunately in india there is no legislation (other than the few provisions referred to above) providing for a full-blown compensation scheme for victims of crime. but, would it mean that till .....Tag this Judgment!
Court : Delhi
Decided on : Sep-03-2004
Reported in : 113(2004)DLT823; 2004(76)DRJ688
..... our view deprive he of any advantage much less irreparably so. that health care is better in canada than what it is in india, or that the child has no citizenship rights in this country, are considerations that are based on perceptions which can vary from person to person. there may be areas in ..... his schooling there. the petitioner's case in this connection is that the child is a canadian citizen and while living in india, she is a foreigner who enjoys no citizenship rights. that the child has lived in canada from the time of her birth and was admitted to a school there and ..... of the cr.p.c. would become infructuous if it was not available in case involving custody of infants. 2. the above decision was approved by a constitution bench of the supreme court in kanu sanyal v. district magistrate, darjeeling and ors. : 1973crilj1818 . the court in that case held that habeas corpus was ..... rights granted to him, the father of the child had picked up the minor from the school and secretly left the united states of america for india. this resulted in further proceedings before the court of michigan in which arrest warrants were also issued against the father of the minor on the round ..... the said court, the courts in this country ought to transfer the custody of the child to the petitioner as the removal of the child to india could not oust the jurisdiction of the canadian courts nor promote his welfare which indeed was the paramount consideration. reliance in support of that submission was .....Tag this Judgment!
Court : Delhi
Decided on : Feb-04-2004
Reported in : 2004(72)DRJ693
..... such an evidence is allowed to be adduced it can not be used against hindujas and others. such a procedure would be procedural violation of article 14 of the constitution of india as well as article 21 which describes that the life and liberty of the person cannot be curtailed without due process of law. cross-examination and production of defense evidence ..... enquiry by the swedish national audit bureau (snab). the snab submitted its report. however, certain material portions of the report were withheld from the government of india.22. on 28th of august, 1987 jpc was constituted inter alias to ascertain the identity of the persons who received, and the purpose for which they received, payments of sek 170-250 million, sek 29 ..... ors., : 3scr1279 set aside its own order whereby the minister was directed to pay a compensation of rs. 50 lacs to the government of india by observing that under article 32 of the constitution which is not permissible as the court cannot direct the government to pay the exemplary damages to itself and thereforee the plea that such a direction was ..... spite of they being indians, they were not shown as indian agents and this prima facie shows the clandestine manner bofors were operating through indians. in 1998 hindujas renounced their citizenship. it was during this crucial period that the government started receiving documents from swiss authorities. this shows that they really had manipulated the contract and were beneficiaries. (b) moresco was .....Tag this Judgment!