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“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.
The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.
The State Government has been given exclusive power delegated by virtue of Section 22(1) of the NIA Act to constitute one or more Special Courts for trial of offences under any or all the enactments specified in the Schedule to the NIA Act
The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.
Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.
The order was issued in a defamation suit filed by Himalaya Wellness Company who argued that the statements made by @theliverdr on X (formerly Twitter) has negatively impacted its business.
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
The Court said that the application was not sustainable as it will affect the trial.
The Court upheld the appellant’s right to move anywhere and to reside anywhere under Article 19 of the Constitution of India and justified her request for release, since her liberty was curtailed due to the order passed by the Magistrate on 15-3-2023.
The Court said that there is several room for doubt about the prosecution story regarding forcible sexual intercourse, the medical evidence is not supportive to the version of the victim that there was forcible intercourse or that there was any physical assault on her.
The Jammu and Kashmir and Ladakh High Court stated that revisionary power under Juvenile Justice Act vests only with the High Court
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction
Supreme Court: In a case wherein concern was raised regarding common deficiencies and practices adopted by trial courts during criminal
Sessions Court (Lucknow): In a bail application filed by Siddique Kappan for offences under Section 3 of Prevention of Money Laundering Act,
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,