Claim of Juvenility IV

The crime is heinous. Its execution was vicious and cruel, by any stretch of imagination. The entire crime was calculated and ruthless. Our adjudication is restricted to, whether Shubam Sangra was a juvenile on date of commission of offence. The ratio discernible is, credibility and acceptability of documents would depend on facts and circumstances. We […]

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Ethnic

Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993.   The meaning of ‘ethnic’ according to Merriam­-Webster Dictionary is, “of or relating to large groups of people […]

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Review of Death Penalty XXXII

Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed […]

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Contempt Jurisdiction X

Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and undertakings to mislead Courts in India, including this Court, when he had no intention to comply or abide by any of his assurances. Acts would demonstrate, […]

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Papaver Somniferum L.

As such, ‘poppy straw’ would mean all parts of ‘opium poppy’ except seeds; ‘opium poppy’ has been defined under Section 2(xvii)(a) of The Narcotic Drugs and Psychotropic Substances Act, 1985 to mean, “the plant of the species Papaver somniferum L.”. Section 15 of 1985 Act provides for punishment for contravention in relation to ‘poppy straw’. […]

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Review of Death Penalty XXXI

High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]

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Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

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Preventive Detention Statute IV

Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay in arresting, pursuant to ‘order of detention’, which is prima facie unreasonable, State must give reasons explaining. Bhawarlal Ganeshmalji v. State […]

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Lord Hale’s Ghost Returns

The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]

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Review of Death Penalty XXX

While every delay in forwarding FIRs may not necessarily be fatal, Courts may be duty bound to see effect of such delay on creditworthiness of investigation. State of Rajasthan v. Daud Khan, (2016) 2 SCC 607 interpreted ‘forthwith’ appearing in Section 157(1) of The Code of Criminal Procedure, 1973. On question of compliance of Section […]

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Honourable Acquittal IV

Union Territory, Chandigarh Administration v. Pradeep Kumar, (2018) 1 SCC 797: whether it was an ‘honourable acquittal’ or only an extension of benefit of doubt, are aspects to be considered. State of Rajasthan v. Love Kush Meena, (2021) 8 SCC 774: mere fact of an acquittal would not suffice. Union of India v. Methu Meda, […]

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Domain Name III

Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]

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Exhumation

15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]

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Locus Standi in Access to Justice

If persons who participated in a selection process but who could not make it to the final list of selected candidates on account of alleged corrupt practices adopted by those in power are not ‘victims’, we do not know who else could be a ‘victim’. Section 2(wa) of The Code of Criminal Procedure, 1973. Hon’ble […]

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Lalita Kumari IV

A ‘public servant’ is said to commit ‘criminal misconduct’ if he is in ‘possession’ of pecuniary resources disproportionate to his ‘known sources of income’ for which the ‘public servant’ cannot ‘satisfactorily account’.   Explanation to Section 13(1)(e) of The Prevention of Corruption Act, 1988 defines ‘known sources of income’ to mean, income received from any […]

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Honourable Acquittal III

Phool Singh had entered Rajasthan Police Service as a Constable in 1987. He was posted at Police Station: Mania, District: Dholpur (Rajasthan). The question before this Court is only to see whether Phool Singh can be reinstated for he has been acquitted by a Criminal Court. There should be no ambiguity in law on this […]

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[Rank] Investigation III

Section 18 of The Maharashtra Control of Organized Crime Act, 1999 uses the expression, “not below the rank of the Superintendent of Police.” Nine-Judge Bench in Supreme Court Advocates-on-Record Association v. Union of India, (1993) 4 SCC 441 observed, “not only is the word ‘primacy’ inextricably linked up with the words ’rank’ and ‘precedence’ but […]

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