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  • Long Pendency Amounts To A Special Reason For Imposing Lesser Penalty In Corruption Case Involving Meager Bribe Amount: SC

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Long Pendency Amounts To A Special Reason For Imposing Lesser Penalty In Corruption Case Involving Meager Bribe Amount: SC

Courtesy/By: Sanjeev Sirohi  |  23 Feb 2019     Views:882

 To begin with, it has to be said right at the outset that in a rare departure from the past, the Supreme Court has just recently in a notable case titled Ambi  Ram v State of Uttarakhand in Criminal Appeal No. 1723 of 2009 dated February 5, 2019 has taken a lenient view in a corruption case involving meager bribe amount on the ground that long pendency amounts to a special reason for imposing lesser penalty. This landmark, latest and laudable judgment authored by Justice Abhay Manohar Sapre for himself and Justice Dinesh Maheshwari has reduced punishment imposed on a man who was convicted for receiving a bribe of Rs. 1200 in the year 1985 to ‘period already undergone’. It must be noted that the counsel for the accused vociferously contended in front of the Apex Court that he is now aged around 78 years and is suffering from heart ailment and deserves leniency and his contention was accepted also!

                                      First and foremost, the ball is set rolling in para 1 in which it is pointed out that, “The appeal is filed against the final judgment and order dated 14.05.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 258 of 2001 (Old No. 1518/1991) whereby the High Court partly allowed the appeal filed by the appellant herein.”

                                   To be sure, para 2 then illustrate that, “A few facts need mention to appreciate the short controversy involved in this appeal.” Starting from the scratch, para 3 then points out that, “The appellant was working as “Kanoongo/Patwari” at Didihat, Uttarakhand. He was prosecuted for commission of the offences punishable under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as “the PC Act”) read with Section 161 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).”

                              Needless to say, it is then brought out in para 4 that, “The charge against the appellant was that he assured one Gopal Singh that he would not arrest him nor would implicate him in one pending criminal case, if he pays him Rs. 1200/-.” What para 5 then brings out is that, “It was the case of the prosecution that the appellant while accepting the illegal gratification of Rs. 1200/- from Gopal Singh on 30.09.1985 was caught by S.P. (Vigilance) in a trap arranged for this purpose at the behest of Gopal Singh.”

                                    As it turned out, para 6 then reveals that, “The Sessions Judge, Pithoragarh, by order dated 05.08.1991, found the case of the prosecution proved beyond reasonable doubt and accordingly convicted the appellant for the offences punishable under Section 5(2) of the PC Act read with Section 161 IPC and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 5000/- under Section 5(2) of the PC Act and in default of payment of fine, to undergo further rigorous imprisonment for a period of three years under Section 161 IPC. Both the sentences were to run concurrently.”

                                        To put things in perspective, it is then illustrated in para 7 that, “The appellant felt aggrieved by his conviction and sentence and filed an appeal in the High Court. By impugned order, the High Court partly allowed the appeal. The High Court maintained the conviction insofar as it pertains to the offence punishable under Section 5(2) of the PC Act but interfered in quantum of sentence awarded and accordingly reduced the jail sentence from four year to one year and in default of payment of fine to further undergo rigorous imprisonment for three months. So far as the offence punishable under Section 161 IPC is concerned, the High Court upheld the conviction but reduced the sentence from three years to one year. Both the sentences were to run concurrently.”

                                      It is a no-brainer that the accused felt aggrieved by the punishment inflicted on him. So no prizes for guessing that he decided to go in for appeal. As has been pointed out in para 8 that, “The appellant (accused) felt aggrieved and has filed this appeal by way of special leave in this Court.”

                                  By the way, it is then pointed out in para 9 that, “Heard Mr. Arun K. Sinha, learned counsel for the appellant (accused) and Mr. Ashutosh Kumar Sharma, learned counsel for the respondent (State).” It is then specifically brought out in para 10 that, “Learned counsel for the appellant (accused) has argued only one point. He did not question the legality of the conviction. All that he argued was that the jail sentence awarded to the appellant be reduced.”

                                        Going forward, para 11 then while referring to appellant pleading reduction of sentence points out that, “According to him, having regard to the fact that the appellant is now aged around 78 years and suffering from heart ailment and further the incident is of the year 1985 and, in the meantime, 34 years have elapsed and lastly the appellant has undergone around one month and 10 days imprisonment, this Court should exercise its powers under proviso to Section 5(2) of the PC Act and reduce the jail sentence from one year to what is undergone by the appellant, i.e., 1 month and 10 days as his total jail sentence and may, if considered proper, instead enhance the fine amount.”

                                  Of course, para 12 then states that, “Learned counsel for the respondent, in reply, supported the impugned order and contended that having regard to the factual circumstances, no case of further reduction in the sentence awarded by the High Court is made out and, therefore, the appeal is liable to be dismissed.” The Bench then goes on to add in para 13 that, “Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and reduce the sentence as indicated below.”

                              For esteemed readers exclusive benefit, it must be mentioned here that para 14 then states that, “Section 5(2) of the PC Act reads as under:

“(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine:

Provided that the court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year”.”

                                     Truth be told, para 15 then makes it absolutely clear that, “Reading of Section 5(2) of the PC Act shows that it provides that any public servant, who commits criminal misconduct, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine.”

                                   Be it noted, it is then clarified in para 16 that, “The proviso then empowers the Court to impose sentence of imprisonment of less than one year provided any special reasons are recorded in writing in support of imposing such reduce sentence of less than one year.”

                             More importantly, para 17 then makes it crystal clear that, “It is, therefore, clear that the Court is empowered to impose a sentence, which may vary from 1 year to 7 years with fine. However, in a particular case, the Court finds that there are some special reasons in favour of the accused then the Court is empowered to impose imprisonment of less than one year provided those special reasons are set out in writing in support of imposing sentence less than one year. So far as imposing of fine is concerned, it is mandatory while imposing any jail sentence. How much fine should be imposed depend upon the facts of each case.”

                                  No doubt, it is not at all easy for any Judge to award imprisonment of less than one year. This is all the more so because the Judge is then required to state the special reasons in writing in support of imposing sentence of less than one year. If the concerned Judge fails to give adequate reasons for reducing the sentence below the minimum level then he/she can only land himself/herself in trouble and in a piquant situation and this no sensible Judge would ever like to find himself/herself in!

                               It would be imperative to mention here that it is then pointed out in para 18 that, “In the case of K.P. Singh vs State (NCT) of Delhi, (2015) 15 SCC 497, this Court on somewhat similar facts considered the question as to what factors/circumstances should be taken into consideration for reducing the jail sentence.” It is then pointed out in para 19 that, “In his concurring opinion, Justice T.S. Thakur (as his Lordship then was and later CJI) in his distinctive style of writing in detail examined this question in the light of law laid down by this Court in earlier cases on the subject and held as under:

“10. Determining the adequacy of sentence to be awarded in a given case is not an easy task, just as evolving a uniform sentencing policy is a tough call. That is because the quantum of sentence that may be awarded depends upon a variety of factors including mitigating circumstances peculiar to a given case. The courts generally enjoy considerable amount of discretion in the matter of determining the quantum of sentence. In doing so, the courts are influenced in varying degrees by the reformative, deterrent and punitive aspects of punishment, delay in the conclusion of the trial and legal proceedings, the age of the accused, his physical/health condition, the nature of the offence, the weapon used and in the cases of illegal gratification the amount of bribe, loss of job and family obligations of the accused are also some of the considerations that weigh heavily with the courts while determining the sentence to be awarded. The courts have not attempted to exhaustively enumerate the considerations that go into determination of the quantum of sentence nor have the courts attempted to lay down the weight that each one of these considerations carry. That is because any such exercise is neither easy nor advisable given the myriad situations in which the question may fall for determination. Broadly speaking, the courts have recognized the factors mentioned earlier as being relevant to the question of determining the sentence. The decisions of this Court on the subject are a legion. Reference to some only should, however, suffice.

19. Given the fact that the trial and appeal proceedings have in the case at hand continued for nearly 17 years by now causing immense trauma, mental incarnation (sic incarceration) and anguish to the appellant and also given the fact that the bribe amount was just about Rs 700 and that the appellant has already undergone 7 ½ months imprisonment against the statutory minimum of 6 months imprisonment, the reduction of the sentence as proposed by my esteemed Brother appears to be perfectly in order. I, therefore, concur with the view taken by his Lordship”.”     

                                    To say the least, while justifying its reduction of sentence with logical reasons, the Bench then very brilliantly and commendably observes in para 20 that, “Keeping in view the aforementioned statement of law laid down by this Court when we examine the facts of the case at hand, we find that Firstly, the incident is of the year 1985; Secondly, this case is pending for the last 34 years; Thirdly, the appellant has now reached to the age of 78 years; Fourthly, he is suffering from heart ailment, as stated by the learned counsel for the appellant, and is also not keeping well; Fifthly, he has so far, during the trial and after suffering conviction, undergone total jail sentence of one month and 10 days; Sixthly, he has been on bail throughout for the last 34 years and did not indulge in any criminal activities nor breached any conditions of the bail granted to him; Seenthly, the bribe amount was Rs 1200/-; and lastly, in the last 34 years, he has suffered immense trauma, mental agony and anguish.”

                                     It cannot be lost on us that it is then pointed out in para 21 that, “The aforesaid 8 reasons which, in our view, are the special reasons satisfy the requirements of proviso to Section 5(2) of the PC Act. This Court, therefore, invoke the powers under proviso to Section 5(2) of the PC Act and accordingly alter the jail sentence imposed on the appellant by the two Courts below and reduce it to “what is already undergone by the appellant”, i.e., 1 month and 10 days.”

                                 Simply put, para 22 then further states that, “In other words, this Court alter the jail sentence of the appellant and award him “what is already undergone by him” and at the same time enhances the fine amount of Rs. 3000/- to Rs. 10,000/- to meet the ends of justice.” It is then clarified in para 23 that, “The appellant is, therefore, now not required to undergo any more jail sentence. However, in case he fails to deposit a fine amount of Rs. 10,000/- after adjusting the sum of Rs 3000/-, if already paid by the appellant, he will have to undergo simple imprisonment for a period of one month.”  

                     Moving ahead, it is then held in para 24 that, “If the appellant deposits the fine amount of Rs. 10,000/- within 3 months from today, he will not be required to undergo any default jail sentence. If he has already deposited Rs. 3000/- then he will only deposit Rs. 7000/-.” Lastly, para 25 then concludes by stating that, “In view of the foregoing discussion, the appeal succeeds and is partly allowed. The impugned order is modified to the extent indicated above.”

                                               To conclude, it is a landmark, latest and laudable judgment which clearly lays down  that long pendency certainly amounts to a special reason for imposing lesser penalty in corruption cases involving meager bribe amount! Besides this, it also convincingly cites eight cogent reasons for reducing the penalty which are valid and strong reasons for the same! Every Judge and every lawyer as also every person interested in reading about corruption cases must read this noteworthy judgment which is certainly commendable and classic!


Courtesy/By: Sanjeev Sirohi  |  23 Feb 2019     Views:882

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No Tax Deduction from Motor Accident Compensation ...
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Iyal Isai Nataka Mandram should abide by the time ...
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Transitory Committee to be formed for Indian Arche...
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Outlawing Of Triple Talaq Is Highly Commendable...
11 Aug 2019     Views:765
Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:680
M Kavitha’s suspension to be reviewed...
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Regulation of Online streaming contents out of the...
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Constitution Cannot Be Above Country Come What May...
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Ocean waves to be our new energy source...
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Victim Has A Right To Assist The Court In A Trial ...
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Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:921
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:846
Whatsapp's fight against interference with User-Pr...
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Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:792
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:924
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:857
History-sheeter kidnaps and rapes a College Studen...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1029
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:749
Fundamental Right To Privacy Not Absolute And Must...
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Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:826
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1028
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:751
Special Olympics International Football Championsh...
03 Aug 2019     Views:750
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:1244
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03 Aug 2019     Views:886
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1087
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02 Aug 2019     Views:795
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:757
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:736
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4874
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1236
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:716
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:732
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:847
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:637
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17 Jul 2019     Views:778
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:732
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1088
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1309
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:715
Right To Shelter A Fundamental Right; State Has Co...
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Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1634
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
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Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:2350
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
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Solitary Confinement Of Death Convict Prior To Rej...
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“Drop This Episode From Your Minds And Gossips...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1753
Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:2330
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1535
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1706
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:1922
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1211
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1380
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Mere Allegations Of Harassment Without Proximate P...
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Quick Divorce in India...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Aadhaar Held Mandatory For Government Subsidies An...
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Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:2918
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
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SC Stresses On Need To Develop And Recognize ‘De...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
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NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:2274
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1079
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:1669
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1282
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1028
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1120
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1268
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1308
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1165
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1595
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1500
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1063
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1132
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2299
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:2032
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2386
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1595
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:963
SC Finally Decides Master Of Roster Case...
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Stone Pelters And Terrorists Have No Right To Life...
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Remove Designations Like Police, HC, Journalist, A...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
05 Jul 2018     Views:879
Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1889
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1330
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:2101
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1466
Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1065
Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:902
Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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Why Cases Withdrawn Against Stone Pelters In Kashm...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:902
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:944
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:815
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:803
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:875
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1141
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:880
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:846
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:1986
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:886
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:810
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:814
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1363
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:899
SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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UIDAI suspends Airtel, Airtel Payments and Banks e...
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2G Scam : The 2G Scam and much more...
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