Juvenile Justice (Care and Protection of Children) Act, 2000- In all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending in the court would continue and be taken to the logical end subject to an exception that upon finding the juvenile to be guilty, the court would not pass an order of sentence
SUPREME COURT OF INDIA DIVISION BENCH SATYA DEO @ BHOOREY — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. )…
Constitution of India, 1950 – Article 136 – Appeal by way of SLP – Appeal against rejection of review application – Special leave petition is not maintainable since the main judgment is not challenged.
SUPREME COURT OF INDIA FULL BENCH T.K. DAVID — Appellant Vs. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LIMITED AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and…
Most Significant Consideration Is The Welfare Of The Child, in a Habeas Corpus Writ For Child Custody
“In several recent decisions of this Court bearing on the issue, it has been held that when confronted with a habeas corpus petition, the existence of an order of the…
Ss 406, 420, 294(b), 506(1) and 120B of the I P C. HELD the H C ought to have heard the bail application on merits & ought not to have dismissed the same on the ground that the petitioner has gone back of the promise made to the H C & not settled. Bail granted.
Ss 406, 420, 294(b), 506(1) and 120B of the I P C. HELD the High Court ought to have heard the bail application on merits & ought not to have…
HELD Narco Analysis Test Cannot Be Forcibly Conducted On An Individual. “……..the compulsory administration of the impugned techniques violates the ‘right against self incrimination’. This is because the underlying rationale of the said right is to ensure the reliability as well as voluntariness of statements that are admitted as evidence.”
HELD For what is punitively outrageous, scandalizingly unusual or cruel and rehabilitatively counter-productive, is unarguably unreasonable and arbitrary and is shot down by Article 14 and 19 and if inflicted…
Rate of interest is reduced from 16% per annum to 9% per annum from the date of the Award till this date, subject to the appellants paying the complete decretal amount to the respondents
SUPREME COURT OF INDIA FULL BENCH M/S ARUN KUMAR KAMAL KUMAR AND OTHERS — Appellant Vs. M/S SELECTED MARBLE HOME AND OTHERS — Respondent ( Before : N.V. Ramana,…
HELD the Financier can take possession of the vehicle if hirer does not pay installments ” However, such repossession cannot be taken by recourse to physical violence, assault and/or criminal intimidation. Nor can such possession be taken by engaging gangsters, goons and muscle men as so called Recovery Agents”
The financier continues to be owner of the goods being the subject of hire purchase, until the option to purchase is exercised by the hirer, upon payment of all amounts…
Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SCOI Acquits Husband Accused Of Driving Wife To Suicide
“What might have been the level of expectation of the deceased from her husband and in-laws and the degree of her frustration, if any, is not found through any evidence…
HELD Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967. We have also perused the FIR, where the petitioner is not named, and, the relevant extracts of the chargesheet dated 17.09.2014 insofar as it relates to the petitioner. Bail granted
1 ITEM NO.9 Court 3 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A…
Length Of Sentence Or Gravity Of Original Crime Cannot Be Sole Basis For Refusing Premature Release
Length Of Sentence Or Gravity Of Original Crime Cannot Be Sole Basis For Refusing Premature Release: SCOI Civilized society cannot be achieved only through punitive attitudes and vindictiveness While directing…