CiteTEXT
...Smt. Nilabati Bahera v. State of Orissa, reported in (1993) 2 SCC 746 : A.I.R 1993 SC 1960 the Apex...Court was considering the claim of compensation made by the Petitioner Nilabati Bahera, for the death of her son Suman Bahera, aged about 22 years, in. Police custody. The case of the Police was that the...
...: AIR 1983 SC 1086), Nilabati Bahera (SMT) @ Lalita Bahera (Through the Supreme Court Legal...of Rs. 50 lakhs, is completely opaque.13. Reliance placed by learned Senior Counsel for the petitioner on Supreme Court's decision, in the cases of Rudal Sah (supra) and Nilabati...Bahera (supra), is of no avail for seeking specific direction in a writ proceeding to the State-respondents for demand of compensation against damages. The said decisions of the Supreme Court enable award...
..., for which materials are wanting. Therefore, the said decision is also not applicable. 9 (c) Nilabati Bahera vs., State of Orissa...
..., (1983) 4 SCC 141; M.C. Mehta (2) v. Union of India, (1988) 1 SCC 471; Nilabati Bahera v. State of Orissa...
...(1993) 2 SCC 746, Nilabati Bahera v. State of Orissa, wherein the Apex Court also held that the concept of sovereign immunity is not applicable to cases...fundamental rights of the citizen. The Apex Court in the matter of Nilabati Bahera v. State of Orissa (supra) has held that compensation in such cases is in the nature of exemplary damages...tort, through a suit instituted in a Court of competent jurisdiction or/and prosecute the offender under the penal law. Paragraph 34 of Nilabati Bahera (supra) reads as under:—“34...
...Smt. Nilabati Bahera alias Lalita Behera v. State of Orissa, (1993) 2 SCC 746 : AIR 1993 SC 1960...of compensation. It is seen that the reference to Nilabati Behra and Arun Ch. Bhowmik, (supra) are decisions where the Apex Court as well as this Court ordered for payment of compensation for...custodial death in the case of Nilabati, (supra) and for custodial torture in the case of Arun Ch. Bhowmik, (supra). The decisions cited by Mr. Das are not authorities, which persuades this court to also...
...Smt. Nilabati Bahera alias Lalita Behera v. State of Orissa, as under:—“A claim in public law for compensation for contravention of human rights and...
...damages against the Stare to the mother of a young man beaten to death in police custody in the verdict of Nilabati Bahera v. State of Orissa...
...public duty, of not protecting the fundamental rights of the citizen. The Apex Court in the matter of
Nilabati Bahera vs. State of...the offender under the penal law. Paragraph 34 of Nilabati Bahera (supra) reads as under :-
"34. Therefore, when the court molds the relief by granting...Apex court in8Nilabati Bahera Vs. State of Orissa, wherein the Apex court also held that the concept of...
.... In the case reported as
1993 (2) SCC 746 [Nilabati Bahera alias Lauta Bahera Vs.
State of Orissa], the Apex...
...Nilabati Bahera (Smt) @ Lalita Behera (Through the Supreme Court Legal Aid Committee) v. State of Orissa (1993 Cri LJ 2899. Paras 32 to 34) held:“33. The old doctrine of only relegating...
...Court in Nilabati Bahera v. State of Orissa, AIR 1993 SC 1969 held;“It follows that a claim in public law for compensation for contravention of human...
...request of the petitioner.11. In Nilabati Bahera v. State of Orissa, (1993) 2 SCC 746 : AIR...imminent.16. In Nilabati Bahera v. State of Orissa (supra), Justice J.S. Verma on behalf of himself and Justice Venkatachala after reviewing the case law on the subject, in...Supreme Court in Nilabati Bahera v. State of Orissa (supra), categorically held that if the guarantee that deprivation of life and personal liberty cannot be made except in accordance with...
...).31. Letter dated 14.09.1988 by Smt. Nilabati Behera sent to Supreme Court was treated as writ petition under Article 32 of the Constitution [Nilabati Bahera v...: Anil Kumar Gupta v. Union of India; Nilabati Behera v. State of Orissa; Chairman, Railway Board v. Chandrima Das (Mrs), Rajalakshmi (Mrs) v. Union Territory of Pondicherry, ...Nilabati Behera v. State of Orissa. Justice Bhagwati posed this question: Why should the Court not be prepared to forge new tools and devise new remedies for the purpose of vindicating the...
...petition under Article 32 of the Constitution [Nilabati Bahera v. State of Orissa]. In the said letter, she claimed that her son died in Police custody and...: Anil Kumar Gupta v. Union of India; Nilabati Behera v. State of Orissa; Chairman, Railway Board v. Chandrima Das (Mrs...); death due to fall in sewerage tank (Kumari (Smt) v. State of Tamil Nadu).31. Letter dated 14.09.1988 by Smt. Nilabati Behera sent to Supreme Court was treated as writ...
...petitioner.11. In Nilabati Bahera v. State of Orissa, (1993) 2 SCC 746 : AIR 1993 SC 1960...deprivation is imminent.16. In Nilabati Bahera v. State of Orissa (supra), Justice J.S Verma on behalf of himself and Justice Venkatachala after reviewing the case law on the...of statutory duties due to the negligence on the part of the Government officials, he is not entitled to any relief.51. The Supreme Court in Nilabati Bahera v. State of...
...that even if the officer is liable the State cannot be sued." 39- Specific reference may also be made to the decision of the Apex court in Nilabati Bahera v. State of...prosecute the offender under the penal law. Paragraph 34 of Nilabati Bahera (supra) reads as under :- "34. Therefore, when the court molds the relief by granting..., reference may be made to two decisions of this Court: the first in line is the decision in Nilabati Behera v. State of Orissa...
....
Basu Vs. State of West Bengal] and 1993 (2) SCC 746 [Nilabati ...Lauta Bahera Vs. State of Orissa], the Apex Court has laid down that when infringement of the rights guaranteed under...
...the judgment in the case of Nilabati Bahera Alias Lauta Bahera (Through The Supreme Court Legal Aid Committee) v. State of Orissa; [(1993...
...Smt. Nilabati Bahera v. State of Orissa (20) may also be made. Therein the Apex Court observed that the courts have the obligation to satisfy the social aspiration of the citizens...