Supreme Court in Pawan Kumar v. State of Haryana and another, (1996) 4 SCC 17 and paragraph 12 of the decision is relevant for present purposes. The said paragraph was as under: “12. Moral turpitude” is an expression which...
Day: February 4, 2019
In Ramnaresh and Others v. State of Chhattisgarh, (2012) 4 SCC 257 this Court considered the import of governing principles regarding death sentence and summed up that it is the cumulative effect of both the aggravating and mitigating circumstances...
In a recent Judgment rendered by three learned Judges of this Court in B.A. Umesh v. High Court of Karnataka, (2016) 9 SCALE 600, the facts were more or less similar, in that no separate date for hearing on...
In Machhi Singh and others v. State of Punjab, (1983) 3 SCC 470 a three-Judge Bench has explained the concept of rarest of the rare cases by stating that: (SCC p. 487, para 32) “32. The reasons why the...
“(a) Is there something uncommon about the crime which renders sentence of imprisonment for life inadequate and calls for a death sentence? (b) Are the circumstances of the crime such that there is no alternative but to impose death...
(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability. (ii) Before opting for the death penalty the circumstances of the “offender” also require to be taken into consideration along with the...
In State of Haryana and others Vs. Ch. Bhajan Lal and others, this Court in the backdrop of interpretation of various relevant provisions of the Code of Criminal Procedure (for short, Cr.P.C.) under Chapter XIV and of the principles...
The prerogative of writs have been issued in England for centuries. Though we borrowed the concept of writ jurisdiction from England but in the last five decades we have enormously developed our own writ jurisprudence according to our own...
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