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Criminal law

REGINAMARY CHELLAMANI versus STATE REP BY SUPERINTENDENT OF CUSTOMS

Given the appellant's prolonged incarceration of over four years and the fact that an identically situated accused who travelled with her on the same flight had been granted bail by this Court, the Court granted bail to the appellant on stringent terms; additionally the Court directed that trial courts must inform accused of their right to legal representation and record offers of legal aid before witness examination.

Source excerpt

  • Bail
  • Right to legal representation
  • Free legal aid
  • Contraband seizure
  • Length of incarceration
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Criminal law

WARIS versus STATE OF MADHYA PRADESH

The trial Court erred in appointing legal aid counsel on the day of testimony and proceeding to record and complete cross-examination of the star prosecution witness without affording the appointed counsel reasonable time to prepare; this caused grave prejudice to the accused's right to a fair trial, particularly in a capital case, and justified exercise of powers under Section 408 BNSS (corresponding Section 367 CrPC) read with Section 432 BNSS (corresponding Section 391 CrPC) to remit the matter to the trial Court for further examination of PW-1 and to ensure adequate legal assistance and w…

Source excerpt

  • Right to counsel
  • Fair trial
  • Remittal/retrial
  • Death penalty confirmation
  • Legal aid defence counsel scheme
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Criminal law

ASHOK versus STATE OF UTTAR PRADESH

The conviction could not be sustained because the sole eyewitness's evidence was not of sterling quality and, crucially, material incriminating circumstances appearing in evidence were not put to the accused in his Section 313 Cr.P.C. examination causing prejudice that could not be cured after the long passage of time; recovery alleged at the accused's instance was not proved; there was also failure to provide timely and effective legal aid; accordingly the impugned judgments were set aside and the appellant acquitted.

Source excerpt

  • Rape
  • Murder
  • Death penalty
  • Section 313 cr.p.c.
  • Role of public prosecutor
  • Legal aid to accused
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Constitutional law

SUHAS CHAKMA versus UNION OF INDIA & ORS.

The Supreme Court, while recognizing the constitutional and statutory framework (Articles 21 and 39-A and the Legal Services Authorities Act, 1987), disposed the petition by issuing directions requiring NALSA, SLSAs and DLSAs to ensure effective implementation, periodic updating and monitoring of the NALSA SOP-2022 and PLACs, to strengthen and review the Legal Aid Defence Counsel System and UTRC functioning, to undertake awareness measures and digitization for real-time monitoring, and to pursue measures to ensure convicts have timely access to free legal aid and appellate remedies.

Source excerpt

  • Right to legal aid
  • Prison legal aid clinics (placs)
  • Under trial review committees (utrcs)
  • Legal services authorities act, 1987
  • Nalsa sop-2022
  • Legal aid defence counsel system
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Criminal law

BRIJESH KUMAR versus STATE OF UTTAR PRADESH, THROUGH ITS SECRETARY

The Special Leave Petition was dismissed on merits because the Trial Court and High Court findings and the material on record supported the conviction; further, the Court held that effective legal representation is an essential facet of Article 21 and the Legal Services Authorities Act, 1987, and accordingly directed that legal aid counsel and amicus curiae must be provided all relevant documents and official translations to enable effective representation.

Source excerpt

  • Right to legal representation
  • Legal services authorities act, 1987
  • Amicus curiae appointment
  • Provision of records to legal aid counsel
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Civil procedure

MANOHARAN versus SIVARAJAN & ORS.

Denial of opportunity to pay court fee or secure legal aid for payment, without due consideration of financial constraints and constitutional mandate of equal justice, is incorrect. Delay in payment is to be condoned, and appellant must be permitted to contest the suit on merits.

Source excerpt

  • Court fee
  • Condonation of delay
  • Directive principles
  • Legal services
  • Equal justice
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Constitutional law

SUPREME COURT BAR ASSOCIATION versus UNION OF INDIA AND ORS.

The appointment of retired Judges as Executive Chairman of State Legal Services Authority should only be made in exceptional circumstances, as the normal rule is appointing sitting Judges. There is ample scope for favouritism in appointing retired Judges, and the effectiveness of Authorities is better maintained with sitting Judges. States are directed to reconsider such appointments in consultation with the Chief Justice.

Source excerpt

  • Appointment of executive chairman of state legal services authority
  • Interpretation of section 6(2) of legal services authorities act, 1987
  • Favouritism in post-retirement appointments
  • Consultation process with high court chief justice
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.