286	MR. 'X' Vs. HOSPITAL 'Z'	Coram: S. SAGHIR AHMAD , B.N. KIRPAL	21/09/1998	Constitution of India-Art 21-Right to Privacy-Is pan of right to life- Person suffering from AIDS-Disclosure of-To saw the life of another person disclosure-Not violative of Art 21--Clash of two fundamental rights-Which of the two would prevail--H	Dismissing the appeal, the Court HELD : 1,1. It is the basic principle of Jurisprudence that every Right has a co-relative Duty and every Duty has a co- relative Right. But the rule is not absolute. It is subject to certain exceptions in the sen	Click here to see Subject, Head Notes, Citation and Judgement
287	STATE OF GUJARAT AND ANOTHER Vs. HON'BLE HIGH COURT OF GUJARAT	Coram: D.P. WADHWA, J.	24/09/1998	Constitution of India-Article 23 (1)-Forced labour and Begar- Meaning of- Words and Phrases. Constitution of India-Article 23 (1)-Forced labour and Begar- Meaning of- Prisoners convicted for rigorous imprisonment-Labour without consent imposed	Disposing of the appeals, this Court HELD : Per Thomas, J. (M.M. Punchhi, CJI., and D.P. Wadhwa, J. concurring on the conditions and directions issued to various State Governments). 1.1. It is lawful to employ the prisoners sentenced to rigo	Click here to see Subject, Head Notes, Citation and Judgement
288	STATE OF GUJARAT AND ANR. Vs. HON'BLE HIGH COURT OF GUJARAT	Coram: D.P. WADHWA, K.T.THOMAS	24/09/1998	Constitution of India-Article 23 (1)-Forced labour and Begar- Meaning of- Words and Phrases. Constitution of India-Article 23 (1)-Forced labour and Begar- Meaning of- Prisoners convicted for rigorous imprisonment-Labour without consent imposed	Disposing of the appeals, this Court HELD : Per Thomas, J. (M.M. Punchhi, CJI., and D.P. Wadhwa, J. concurring on the conditions and directions issued to various State Governments). 1.1. It is lawful to employ the prisoners sentenced to rigo	Click here to see Subject, Head Notes, Citation and Judgement
289	KASHIRAM Vs. STATE OF M.P.	Coram: M.K. MUKHERJEE, M. SRINIVASAN.	16/10/1998	Indian Penal Code, 1860 : Sections 302 and 324-Conviction under-Validity of-Accused firing gun shots- Murder-Bullet injuries to witnesses-Consistent testimony of prosecution witnesses-Fact of witnesses sustaining the injuries established- Absenc	Dismissing the appeal, this Court HELD: 1. The High Court was justified in reversing the judgment of acquittal passed by the trial court and convicting the appellant under section 302 as well as section 324 IPC. The sentences awarded by the High	Click here to see Subject, Head Notes, Citation and Judgement
290	THE STATE OF GUJARAT & ANR. Vs. SURYAKANT CHUNILAL SHAH	Coram: S. SAGHIR AHMAD, S.P. KURDUKAR.	03/12/1998	Service Law: Bombay Civil Services Rules, 1959-Rule 161-Compulsory retirement-Assistant Food Controller (Class-II)-Two F.I.Rs. filed against the officer for issuing bogus cement permits and fabricating Government Stamp-No adverse entries in C.R	Dismissing the appeal, this Court HELD : 1. The Division Bench of the High Court was justified in setting aside the order passed by the Single Judge and directing reinstatement of the respondent. There being no material before the Review Committ	Click here to see Subject, Head Notes, Citation and Judgement
291	PARAS YADAV AND ORS. Vs. STATE OF BIHAR	Coram: G.B. PATTANAIK , M.B. SHAH	12/01/1999	Criminal Law: Evidence Act, 1872 : Section 32. Dying declaration-Statement of deceased-Recorded in a routine manner by Sub-Inspector of Police and not as a dying declaration-After death of deceased statement treated as dying declaration-Decea	Allowing the appeal partly, this Court HELD : 1. It is true that there is negligence on the part of the Investigating Officer. On occasions, such negligence or omission may give rise to reasonable doubt, which would obviously go in favour of the	Click here to see Subject, Head Notes, Citation and Judgement
292	MOHAN SINGH & ANR. Vs. STATE OF M.P.	Coram: G.B.PATTANAIK, A.P.MISRA	28/01/1999	Indian Penal Code, 1860-Sections 302 & 34-Murder Common inten-tion-Proof of-No fire arm used by accused K and no active role assigned to him-Role assigned to him is merely exhortion-Murder not pre-determined or planned- Emotion developed on the sp	Partly allowing the appeal, this Court HELD : 1. The appeal of main accused fails and his conviction and sentence is maintained whereas the appeal of accused `K' is allowed and his conviction and sentence under Section-302 read with Section 34 I	Click here to see Subject, Head Notes, Citation and Judgement
293	KAMMARI BRAHMIAH AND ORS. Vs. PUBLIC PROSECUTOR, HIGH COURT OF A.P.	Coram: G.B. PATTANAIK , M.B. SHAH	03/02/1999	Criminal Procedure Code, 1973-Section 464-Indian Penal Code-Sections 302, 304 Part II, 325, 149-Appellants along with two others charged for offence of murder under Section 302-Acquittal by trial court-High Court convicting appellants under Sectio	Dismissing the Appeal, the Court HELD : 1.1. The non-framing of charge would not vitiate the conviction if no prejudice is caused thereby to the accused. The trial Court should be fair to the accused, fair to the State and fair to the vast mass	Click here to see Subject, Head Notes, Citation and Judgement
294	STATE OF KERALA & ORS. Vs. O.C.KUTTAN & ORS.	Coram: G B PATTANAIK, M.B. SHAH	17/02/1999	Constitution of India-Article 226-Quashing of FIR and criminal proceedings- Indian Penal Code 1860, ss. 366A, 372, 376 and 344 r/w s. 34-Allegations of rape and of being forced to lead immoral life-High Court quashing criminal proceedings against	Allowing the appeal, this Court HELD : 1.1. The High Court exceeded its jurisdiction in quashing the FIR and the investigations to be made pursuant to the FIR. When allegations in the FIR do not disclose prima fade commission of a cog-nisable of	Click here to see Subject, Head Notes, Citation and Judgement
295	STATE OF U.P. Vs. RANJIT SINGH	Coram: G.B.PATTANAIK, M.B.SHAH, R.C.LAHOTI.	19/02/1999	Indian Penal Code 1860-Sections 464, 466 & 468-Respondent forging a bail order-Not signed-Conviction by trial court-Acquittal by High Court-Both courts finding that document forged by respondent-Held, char-ges proved beyond doubt-Conviction upheld	Allowing the appeal, the Court HELD : 1. The Order of acquittal, passed by the High Court is set aside. The respondent is convicted under Section 466 and 468 of IPC but since the incident itself was of the year 1971 and more than 27 years have e	Click here to see Subject, Head Notes, Citation and Judgement
296	RAJESH BAJAJ Vs. STATE NCT OF DELHI AND OTHERS	Coram: K.T.THOMAS, SYED SHAH MOHAMMED QUADRI	12/03/1999	Criminal Procedure Code, 1973-Section 482-Quashing of criminal complaint- Complainant induced to enter into a commercial transaction- Payment as per the invoice was not made after delivery of goods-Complaint lodged containing all relevant facts-Hi	Allowing the appeal, this Court HELD : 1. It is not necessary that a complainant should verbatim reproduce in the body of his complaint all the ingredients of the offence he is alleging. Nor is it necessary that he should state in so many words	Click here to see Subject, Head Notes, Citation and Judgement
297	SURESH SINGH & ORS. Vs. STATE OF HARYANA	Coram: G.B.PATTANAIK, M.B.SHAH	31/03/1999	Criminal Law-Right of Private Defence-Indian Penal Code Ss. 97, 99, 302, 304 Part I-Accused chased by deceased-Deceased done to death 11 0m away from his house with sharp weapons resulting in five incised wounds-Held, accused exceeded their right	Partly allowing the appeal, this Court HELD : The accused persons exceeded their right of private defence while giving blows on the deceased. However, in the circumstances, the conviction of SS and MS under s. 302 could not be sustained. They co	Click here to see Subject, Head Notes, Citation and Judgement
298	S.HANUMANTHA RAO Vs. S.RAMANI	Coram: V.N.KHARE, R.P.SETHI	31/03/1999	Hindu Law-Hindu Marriage Act, 1955-Section 13(1) (ia)-Petition by husband for divorce on ground of mental cruelty-Mental cruelty-Meaning of-Removal of Mangalsutra by wife in privacy-Wife preserving copies of letters sent to her husband and parents	Dismissing the appeal, this Court HELD : 1. Mental cruelty as envisaged by Section 13(l)(ia) of the Hindu Marriage Act, 1955 broadly means, when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond betw	Click here to see Subject, Head Notes, Citation and Judgement
299	ARVIND PAPPU Vs. STATE (DELHI ADMINISTRATION)	Coram: K.T. THOMAS, D.P. MOHAPATRA.	10/05/1999	Indian Penal Code, 1860-Section 302-Murder-Circumstantial evidence-Standard of proof required-Held, the chain of evidence furnished by the circumstances relied in support of the conviction must be so complete as not to leave any reasonable ground	Dismissing the appeal, the Court HELD : 1. The assessment of the evidence by the Courts below does not suffer from any serious infirmity. The circumstances relied upon by the prosecution have been established by the evidence of the workers in th	Click here to see Subject, Head Notes, Citation and Judgement
300	RAMPRASAD Vs. STATE OF MAHARASHTRA	Coram: K.T.THOMS, D.P. MOHAPATRA	12/05/1999	Indian Evidence Act, 1872-Section 32-Statement made to Magistrate under expectation of death but the maker survived-Held, not admissible, expectation of death not sufficient to wiggle it into the cassette of Section 32. Section 157-Statement ma	Dismissing the appeals filed by accused Nos. 4, 5, 6, 7 and 10, and allowing the appeal of A-l and setting aside his conviction and sentence this Court. HELD : 1. The Statement made by PW-1 cannot be used as evidence under Section 32 of the Evi	Click here to see Subject, Head Notes, Citation and Judgement