In order to exercise the discretion of reducing the sentence and statutory requirement is that the Court has to record ‘adequate and special reasons’ in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no strait-jacket formula can be imposed.
KEYWORDS:-EVIDENCE BY AFFIDAVIT AIR 2004 SC 355 : (2003) 5 Suppl. SCR 634 : (2004) 1 SCC 702 : JT 2003 (9) SC 109 : (2003) 9 SCALE 713 (SUPREME COURT OF […]
KEYWORD:- GD ENTRY-PUTTING WRONG SECTIONS BY POLICE IN FIR- The mentioning of a particular Section in the F.I.R. is not by itself conclusive as it is for the Court to frame charges […]
Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]
KEYWORDS:- DATE:-03-12-2003 (2004) 10 SCC 578 (SUPREME COURT OF INDIA) Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others Respondent (Before : Brijesh Kumar and Arun Kumar, JJ.) […]
Keywords : Ayodhya Dispute- RAM JANMA BHUMI-Babri Masjid AIR 2003 SC 3413 : (2003) 3 SCR 143 : (2003) 4 SCC 1 : JT 2003 (3) SC 426 : (2003) 3 SCALE 466 […]
Keywords :- Matrimonial Suit-Privacy- Expert Evidence Under Section 75(e) of Code of Civil Procedure and Order 26, Rule 10A the Civil Court has the requisite power to issue a direction to hold […]
Keywords : power of superintendence The powers under Article 227 are wide and can be used, meet the ends of justice. They can be used interfere even with an interlocury order. (SUPREME COURT […]
KEYWORDS:- VICARIOUS LIABILITY OF CENTRAL GOVERNMENT WITH STATE DATE:- 09-05-2003 JT 2003 (5) SC 1 : (2003) 4 SCALE 712 : (2003) 6 SCC 1 : (2003) 1 Suppl. SCR 175 (SUPREME COURT […]
Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case
MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.
A witness can be graded as reliable, unreliable, neither wholly reliable nor wholly unreliable and consequences shall be followed accordingly: SC
MAY 24, 2019 – Guman Singh Vs. State of Rajasthan
The scope of interference in the matter of policy framed by the Government by courts is well settled. The Hon’ble Supreme Court in the decision reported in (2001) 3 SCC 635 (Ugar […]
Sanskrit language has already been claimed as most scientific for the human civilization in the entire world. This Court would like to place on record that respondents’ authorities will be better advised […]
All `murder’ is `culpable homicide’ but not vice-versa. Speaking generally, `culpable homicide’ sans ‘special characteristics of murder is culpable homicide not amounting to murder’. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of culpable homicide. The first is, what may be called, `culpable homicide of the first degree’. This is the gravest form of culpable homicide, which is defined in Section 300 as `murder’.
School violence has been a persistent problem in the United States. For example, on January 29, 1979, a 16-year-old opened fire on Grover Cleveland Elementary School in San Diego, CA. She killed two adults […]
The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003
Central Act (34 of 2003) An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other […]
Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of […]
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
Samar Ghosh vs Jaya Ghosh
Provisions as to disqualification on ground of defection
JT 2011 (13) SC 319 : (2011) 13 SCALE 75 (SUPREME COURT OF INDIA) Shiv Shankar Singh Versus State of Bihar and Another (Before : B.S. Chauhan and T.S. Thakur, JJ.) Criminal […]