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Cases cited for the legal proposition you have searched for.

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1

...protect the innocent and punish the guilty. Justice should not only be done but should be seem to have been done. Therefore, free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get...frame” for conclusion of the trial.Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...for the petitioners submitted that it is settled law that an accused has a right to a speedy trial, as guaranteed under Article 21 of the Constitution; the order withdrawing the appointment of...


Court: Supreme Court Of India
Date: Sep 30, 2013 Cited By: 353 Coram: 2
2

...should be seem to have been done. Therefore, free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get a fair trial is not only a basic fundamental right but a human right also. Therefore, any hindrance in a fair trial could be violative of Article 14 of the Constitution….30. Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...trial must be accorded to every accused in the spirit of right to life and personal liberty and the accused must get a free and fair, just and reasonable trial on the charge imputed in a criminal case...that the production of these reports being relevant, the prayer ought to have been allowed by the High Court. According to Shri Lalit, the reports, if produced, would not breach either Article 21 read...


Court: Supreme Court Of India
Date: Oct 8, 2013 Cited By: 52 Coram: 2
3

...’.”’(emphasis in original)113. Justness and fairness of a trial is also implicit in Article 21 of the Constitution. A fair trial is again a human right. Every action of the authorities under the Act must be construed having regard to the...right to a fair trial. Such rights are enshrined in our constitutional scheme being Article 21 of the Constitution of India. If an accused has a right of fair trial, his case must be examined...provisions of the Act as also the right of an accused to have a fair trial. The courts, in order to do justice between the...


Court: Supreme Court Of India
Date: Sep 23, 2008 Cited By: 56 Coram: 2
4

...rule which made by Bar Council of India. pass any such other order(s) as this honourable court deems fit proper in the interest of justice or otherwise petitioners constitutional right Article 39A will be jeopardized along with Article 21 Right to speedy trial for fair justice...letter vide ROC.No.DC.392 of 2025 dated on 16-07-2025 is contrary with Article- 39A and Article-21. Hence this court had inherent powers, Kindly waive off such prescribed fee by directing respondent...: "…pleased to issue appropriate writ/order/direction more particularly one in nature of mandamus against inaction of respondent _ no-1 for representation of petitioners grievance, with regard to reply...


Court: Telangana High Court
Date: Aug 6, 2026 Cited By: 0 Coram: 1
5

...Kahlon v. State of Punjab, (2009) 1 SCC 441, it was submitted that Article 21 right to fair trial is equally applicable to accused and the victim. Relying on a judgment of the Calcutta High Court in...exercise of power under Section 102, Cr.P.C The depositors have right to get refund of the entire amount invested. Opposite party No. 7 has admitted such right and declared...impediment for this Court to exercise its jurisdiction under Article 226 of the Constitution in giving relief to these specified class or injured public, who have been defrauded...


Court: Orissa High Court
Date: Dec 12, 2012 Cited By: 2 Coram: 2
6

...SCC 502 this Court declared that Article 21 guarantees to the citizens the rights to expeditious and fair trial. The Court observed:“137. Article 21 of the Constitution of India takes in its sweep the right to...and liberty enshrined in Article 21. It also pointed out that Article 39-A made free legal service an inalienable element of reasonable, fair and just procedure and that the right to such services was...expeditious and fair trial. Even Article 39-A of the Constitution recognises the right of citizens to equal justice and free legal aid. To put it...


Court: Supreme Court Of India
Date: Jul 19, 2016 Cited By: 249 Coram: 5
7

...partem. It confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial under Article 21 of the.... Normally this Court under Article 136 of the Constitution, would be reluctant in appeal to interfere with the concurrent findings of two courts by reappreciating the facts and evidence. But in an...the trial court and the High Court, naturally because of some handicap. She had to be provided legal assistance by the Legal Services Authority. This is not to make any comment or observation on the...


Court: Supreme Court Of India
Date: Oct 31, 2018 Cited By: 205 Coram: 2
8

...deprivation would be violative of his fundamental right under Article 21 and he would be entitled to enforce such fundamental right and secure his release. Now obviously procedure prescribed by law for depriving a person of his liberty cannot be “reasonable, fair or just” unless that procedure ensures a speedy trial for...case on this point. As pointed out in the first Hussainara case (1980) 1 SCC 81 AIR 1979 SC 1360, (1979) 3 SCR 169 the right to a speedy trial is not an expressly guaranteed constitutional right in India but is implicit in the right to a fair trial which has been held to be part of the right to life and liberty guaranteed by Article 21 of...readily infer an infringement of the right to life and liberty guaranteed by Article 21 of the Constitution. Denial of a speedy trial may with or without proof of something more lead to...


Court: Supreme Court Of India
Date: Aug 12, 1981 Cited By: 151 Coram: 3
9

...information under Right to Information Act can never be presented in a judicial proceeding because the same is of no importance in any judicial proceeding that is merely an information given under above Act. Right to fair trial is a fundamental right guaranteed under Article 21 of...the Constitution. Convenience to accused as well as right to fair trial permits transfer of this case..., District Allahabad on 27.12.2018, wherein a report about CCTV footage covering alleged scuffle has been mentioned, hence for the end of justice and convenience to accused persons for getting a fair...


Court: Allahabad High Court
Date: Sep 13, 2019 Cited By: 0 Coram: 1
10

...opportunity to examine DW-1 as non-examination of DW-1 may cause prejudice to the petitioner which may violate the right to fair trial as enshrined under Article 21 of...would cause prejudice to the case of the petitioner. The petitioner is facing trial in a complaint under Section 138 of...petition is disposed of with a direction to the trial Court to grant one opportunity to the petitioner for examination of DW-1, subject to cost of Rs.5,000/- to be deposited with the Legal Services...


Court: Punjab & Haryana High Court
Date: Sep 9, 2019 Cited By: 2
11

.... ‘Speedy trial’ and ‘fair trial’ to a person accused of a crime are integral part of Article 21. There is, however, qualitative difference between the right to speedy trial and the accused's...mental stress and strain, and denial of speedy trial that has impaired their fundamental right enshrined under Article 21 of the Constitution. The asseverations pertaining to long delay...right of fair trial. Unlike the accused's right of fair trial, deprivation of the right to speedy trial does not per se prejudice the accused in defending himself. The right to speedy trial is in its...


Court: Supreme Court Of India
Date: Mar 15, 2013 Cited By: 250 Coram: 2
12

...prosecution but has not been produced. A fair trial is a part of the right guaranteed to an accused under Article 21 of the Constitution. The right to a fair trial of the accused...right to fair trial enshrined under Article 21 of the Constitution of India, as only when the accused has access to the documents, he will be able to raise an effective defence. Therefore, this Court is...BNSS Act and secondly, as it encroaches upon and hinders the right to fair trial available under Article 21 of the Constitution of India to the revisionist/accused. As far as the contention of the...


Court: Uttarakhand High Court
Date: Jul 1, 2025 Cited By: 0
13

...cause prejudice to the case of the petitioner and would amount to denial of fair trial which is the constitutional right enshrined in Article 21 of the Constitution of India. CRR-2459-2019 -2- Therefore, it would be in the interest of justice, if one opportunity is granted to the...been closed. Learned counsel for the petitioner contends that the petitioner has to examine three defence witnesses and in case the witnesses are not examined, the petitioner will be denied fair trial.... He undertakes that the petitioner shall not make any effort to delay the trial. Heard. In view of the limited prayer of the petitioner to grant him an opportunity to examine the three defence...


Court: Punjab & Haryana High Court
Date: Sep 23, 2019 Cited By: 1
14

...offending his right to fair trial enshrined under Article 21 of the Constitution. It is not a curable irregularity.12. Suspicion is not the substitute for proof. There...his obstinance to exclude him of right to residence in their family Ramanattu House. Consequently he was living at Ernakulam wherefrom his wife hails. The prosecution case was that on the fateful day...partition at the behest of PW 12 was granted but final decree proceedings were pending. The deceased kept the Ramanattu House locked. In this case the evidence of PWs 1, 2, 4 to 7, 14 and 21 is material...


Court: Supreme Court Of India
Date: Apr 27, 1993 Cited By: 204 Coram: 1
15

...which, coupled with delay, may result in impairing the capability or ability of the accused to defend himself have persuaded the constitutional courts of the country in holding the right to speedy trial a manifestation of fair, just and reasonable procedure enshrined in Article 21. Speedy...that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty, except according to procedure established by law; that such procedure is not some semblance of a procedure but the procedure should be “reasonable, fair and just”; and therefrom flows, without doubt, the right to speedy trial. The...81 statement of law, in successfully maintaining petitions for quashing of charges, criminal proceedings and/or conviction, on making out a case of violation of Article 21 of the Constitution. Right to speedy trial and fair procedure...


Court: Supreme Court Of India
Date: Apr 16, 2002 Cited By: 1008 Coram: 7
16

...observed that:“40. ‘Speedy trial’ and ‘fair trial’ to a person accused of a crime are integral part of Article 21. There is, however, qualitative difference between the right to...this right even need not await formal indictment or charge.86. The concept of speedy trial is read into Article 21 as an essential part of the fundamental right to life..., needless to emphasise, it is an integral part of the very soul of Article 21 of the Constitution. Fair trial is the quintessentiality of apposite dispensation of criminal justice. In Zahira...


Court: Supreme Court Of India
Date: Aug 2, 2013 Cited By: 281 Coram: 2
17

...to have been done. Therefore, free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get a fair trial is not only a basic fundamental right but a human right also. Therefore, any hindrance in a fair trial could be violative of Article 14 of the Constitution….. 30. Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...entails the interests of the accused, the victim and of the society. Thus, fair trial must be accorded to every accused in the spirit of the right to life and personal liberty and the accused must get a...closed and also closed his right to lead evidence by the Family Court. 5. A bare perusal of the order passed below Exh. 45 would show that the trial Court ought to have...


Court: Gujarat High Court
Date: Oct 11, 2021 Cited By: 0 Coram: 1
18

..., free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get a fair trial is not only a basic fundamental right but a human right also. Therefore, any hindrance in a fair...trial could be violative of Article 14 of the Constitution. xx xx xx xx Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...must be accorded to every accused in the spirit of right to life and personal liberty and the accused must get a free and fair, just and reasonable trial on the charge imputed in a criminal case. Any...


Court: Allahabad High Court
Date: Aug 8, 2024 Cited By: 0 Coram: 1
19

.... Therefore, free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get a fair trial is not only a basic fundamental right but a human right also. Therefore, any hindrance in...a fair trial could be violative of Article 14 of the Constitution. xx xx xx xx Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...accused, the victim and of the society. Thus, fair trial must be accorded to every accused in the spirit of right to life and personal liberty and the accused must get a free and fair, just and...


Court: Allahabad High Court
Date: Aug 21, 2024 Cited By: 0 Coram: 1
20

...the innocent and punish the guilty. Justice should not only be done but should be seem to have been done. Therefore, free and fair trial is a sine qua non of Article 21 of the Constitution. Right to get...a fair trial is not only a basic fundamental right but a human right also. Therefore, any hindrance in a fair trial could be violative of Article 14 of the Constitution. xx xx xx xx Article 12 of the Universal Declaration of Human Rights provides for the right to a fair trial what is enshrined in Article 21 of...the interests of the accused, the victim and of the society. Thus, fair trial must be accorded to every accused in the spirit of right to life and personal liberty and the accused must get a free and...


Court: Allahabad High Court
Date: Aug 23, 2024 Cited By: 0 Coram: 1

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