6 years, 4 months ago

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]

Live Law

‘If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least”The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence.The three judge. ‘If death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least” The Supreme Court held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence. At the same time, if death penalty is to be affirmed even while dismissing the Special Leave Petition in limine, it should be by a reasoned order on the aspect of sentence, at least”, the court said while addressing the contentions raised by Senior Advocate Shekhar Naphade, who appeared for review petitioner,whose death sentence was affirmed by the Apex court in January 2015, by dismissing the SLP filed by him in limine. The senior counsel relied on Mohammed Ajmal Mohammad Amir Kasab alias Abu Mujahid vs. State of Maharashtra to contend that, in those cases where death sentence is imposed, the court should summon the record when it is making the final order even at the stage of special leave petition.

Death Supreme Court Death Penalty Court Cases Order Leave Special Sentence Petition This Court Those Cases Death Sentence Slp Offender read leave court slp reasons sentence offender sc special giving judgment death petition review order cases dismissed shall

History of this topic

3 months, 1 week ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

3 months, 3 weeks ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

3 months, 3 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

3 months, 4 weeks ago

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials

Live Law

The Supreme Court has initiated a suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar will hear the suo motu case on Monday.The case is titled "In Re : Adverse Effect of Stay Orders Granted By Appellate Courts On …

8 months, 2 weeks ago

Rape-cum-murder case: SC stays execution of death sentence awarded to convict

Deccan Chronicle

New Delhi: The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016. A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed …

11 months ago

Orissa High Court Takes Suo Motu Cognizance Of Need For Background Analysis Of Convicts In Death Penalty Cases

Live Law

The Orissa High Court has taken suo motu cognizance of need for background analysis of the convicts, so as to ascertain mitigating circumstances in their favour, before imposing the extreme sentence of death. Emphasizing the importance of providing real and effective hearing on the question of sentence, the Division Bench of Justice Sangam Kumar Sahoo and Justice Radha Krishna Pattanaik …

1 year, 7 months ago

'Avoid Bulky Synopsis' : Supreme Court Expresses Disappointment At 60 Page Synopsis Filed Against 6 Page HC Order

Live Law

The Supreme Court recently cautioned against filing of bulky synopses in matters before it. The Top Court expressed its disappointment that the order of the High Court that was being challenged only consisted of 6 pages, while the synopsis of the SLP was more than 60. The Top Court expressed its disappointment that the order of the High Court that …

1 year, 7 months ago

Supreme Court Acquits Convict On Death Row; Orders Immediate Release

Live Law

The Supreme Court on Wednesday acquitted a death row prisoner convicted in the murder of his two brothers and own son. This verdict was delivered by a three-judge bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra after hearing the convict’s plea against the Allahabad High Court confirming the death sentence handed to him by a Uttar Pradesh …

1 year, 7 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

1 year, 10 months ago

Capital term review, mitigation probe of death row convicts

New Indian Express

The order is significant as it revisits, once again, the often ignored aspect of death penalty jurisprudence. Sure, the two prisoners who are serving death sentences have committed heinous crimes: one involves a techie convicted for murdering his female friend’s three-year-old daughter and mother-in-law and injuring her husband at Attingal in Thiruvananthapuram in 2014, while the second convict is a …

1 year, 10 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

2 years, 1 month ago

Contempt Of Court Case: Punjab & Haryana High Court Sentences Dismissed Punjab DSP, His Aide To 6 Months In Jail

Live Law

The Punjab and Haryana High Court today sentenced dismissed Punjab Police DSP Balwinder Singh Sekhon and his aide, one Pardeep Sharma to 6 months imprisonment in the contempt case for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the HC. The background of the case Earlier on Feb 15, the Court …

2 years, 6 months ago

DC Edit | SC move to set guidelines on death penalty welcome

Deccan Chronicle

The decision of the Supreme Court to set up a Constitution Bench to lay down guidelines for the courts on providing a convict a real and meaningful hearing before deciding on a death penalty is a refreshing step that will further civilise the criminal justice delivery system in our country. The only protection a person can have against incarceration or …

2 years, 6 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

2 years, 10 months ago

A new track for capital punishment jurisprudence

The Hindu

A recent trend in the evolution of jurisprudence around the death penalty in India may reset judicial thinking around sentencing and have long-term ramifications in the awarding of capital punishment. The Court has also initiated a suo motu writ petition to delve deep into these issues on key aspects surrounding our understanding of death penalty sentencing. Building on this, the …

4 years, 3 months ago

Dismissal Of SLP Has No Consequence On Question Of Law: Supreme Court

Live Law

The Supreme Court has observed that the the dismissal of special leave petition is of no consequence on the question of law.In this case, the Division Bench of the High Court set aside the Single Bench judgment that allowed the writ petitions for the grant of 9/16 years' time bound revised promotional scale to the petitioners. The Supreme Court has …

4 years, 5 months ago

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]

Live Law

All Courts in this country are bound by the judgment of the Apex Court, the Supreme Court remarked while disposing a special leave petition on Thursday.Justice RF Nariman led bench was considering an SLP filed against a Madhya Pradesh High Court judgment in a land acquisition matter. All Courts in this country are bound by the judgment of the Apex …

4 years, 5 months ago

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]

Live Law

The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged.When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed …

4 years, 10 months ago

Death Penalty Sentencing in India's Trial Courts: Confusion in the Apex Court Wreaks Havoc in Courts Below

Live Law

Project 39A has released a report titled DeathPenalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra containing findings from a study of all capital cases decided by trial courts of Delhi, Madhya Pradesh and Maharashtra between 2000 and 2015. Contrary to the Constitution Bench decision in Bachan Singh which emphasised the relevance of mitigating factors in capital sentencing, trial …

5 years, 2 months ago

Nirbhaya Case : SC Dismisses Curative Pleas Of Two Death Row Convicts [Read Order]

Live Law

A 5-judge bench of the Supreme Court on Tuesday dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan did not find any merits in the curative petitions. …

5 years, 3 months ago

[Breaking] SC Sets Aside Death Sentence In A 13 Day Trial, Says 'Fast Tracking Must Not Result In Burial Of Justice' [Read Judgment]

Live Law

The Supreme Court has observed that expeditious disposal of criminal cases must never result in burying the cause of justice. The bench comprising Justice Uday Umesh Lalit, Justice Indu Malhotra and Justice Krishna Murari set aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.Anokhilal was convicted and sentenced to death …

5 years, 4 months ago

Bench Hunting: SC Restores Contempt Proceedings Against Lawyer, Litigant In Allahabad HC [Read Order]

Live Law

The Supreme Court has directed the Allahabad High Court to continue with the contempt proceedings against a litigant and lawyer for allegedly resorting to 'bench hunting'.While Justice A.M. Thipsay, was presiding a Court in Lucknow bench, a submission was made by a lawyer that, in the case, a member of. The Supreme Court has directed the Allahabad High Court to …

5 years, 10 months ago

In Limine Dismissal Of SLP At Threshold Neither Constitutes Declaration Of Law Nor A Binding Precedent, Reiterates SC [Read Judgment]

Live Law

The Supreme Court has reiterated that in-limine dismissal of Special Leave Petition at the threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent under Article 141 of the Constitution. The respondent, while defending the judgment impugned in the present appeal which held that promotions could be given under the repealed OAS Class …

6 years ago

When SC Ignored Precedents To Confirm A Death Sentence

Live Law

The court officer called Item no. Ironically, the judgment acquitting Shinde and five others, was authored by Justice MR Shah, who also penned a 27 page judgment, confirming death sentence awarded to Singh. Justice Kurian Joseph led bench, in November 2018, had held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess …

6 years ago

Supreme Court Weekly Round Up

Live Law

EPF Contribution Payable On 'Basic Wages' Camouflaged As Allowances The Supreme Court held that, in order that the amount goes beyond the 'basic wages' for the purposes of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, it has to be shown by the employer that the workman concerned had become eligible to get this extra amount beyond the normal …

6 years, 1 month ago

HC Can Consider Review petition Though SC Dismissed SLP In Limine: SC [Read Judgment]

Live Law

The Supreme Court has held that a review petition is maintainable before the High Court seeking review of its judgment against which the special leave petition was dismissed in limine. In Khoday Distilleries Ltd vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. the following issue was referred to a three judge bench: Whether review petition is maintainable before the High Court …

6 years, 1 month ago

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]

Live Law

The Supreme Court, last week, set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh …

6 years, 2 months ago

Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC [Read Judgment]

Live Law

The Supreme Court commuted death penalty of a man accused of rape and murder of a nine year old girl and sentenced him to 30 years imprisonment without remission. The bench comprising Justice SA Bobde, Justice L. Nageswara Rao and Justice R. Subhash Reddy observed that, even though the murder involves exceptional depravity and the manner of commission of the …

6 years, 2 months ago

Complainant And IO Same: Two Judge Bench Doubts The Recent Three Judge Bench Judgment

Live Law

A two judge bench of Supreme Court, yesterday, expressed its disagreement with the view taken by a three-judge bench in Mohan Lal vs. State of Punjab where it held that that the accused is entitled to acquittal if informant and the investigator in NDPS cases is the same person. Referring to the said judgment and also taking note of some …

6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law

6 years, 4 months ago

Breaking: SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons: SC [Read Judgment]

Live Law

6 years, 4 months ago

SC Recalls Its 2006 Order That Dismissed ‘In Limine’ a SLP Against Imposition Of Death Sentence In A Kidnap Cum Murder Case [Read Order]

Live Law

Last week, the Supreme Court recalled an order it passed twelve years ago by which it had dismissed in limine a special leave petition challenging imposition of capital punishment in a kidnap cum murder case.SLP filed by Dnyaneshwar Suresh Borkar against Bombay High Court judgment confirming his death sentence was dismissed by the Supreme Court on 21st July 2006. Last …

6 years, 4 months ago

SC Recalls Its 2006 Order That Dismissed ‘In Limine’ a SLP Against Imposition Of Death Sentence In A Kidnap Cum Murder Case [Read Order]

Live Law

6 years, 5 months ago

SLP Filed by Man Accused of Killing Infant Boomerangs; SC Refuses His Counsel’s Plea To Withdraw SLP [Read Order]

Live Law

‘We, therefore, issue notice to the petitioner, returnable in three weeks as to why the trial court order of conviction and sentence be not restored.’A special leave petition boomeranged on a murder accused.Ramji Lal was convicted by the trial court for ‘murdering’ a baby of 9-10 months. ‘We, therefore, issue notice to the petitioner, returnable in three weeks as to …

6 years, 6 months ago

SC Stays Execution Of Death Sentence In A 9 Year Old Girl Rape And Murder Case [Read Order]

Live Law

“She expected him to behave to her like a father. He smothered her, prevented her from crying, raped her and in the process committed murder.”The Supreme Court, on Tuesday, stayed the execution of death penalty of a man accused of rape and murder Of 9-Yr-Old Girl.The Bench headed by the Chief Justice of India Dipak Misra granted leave in the …

6 years, 8 months ago

Madras HC Bench Split About Recording Adverse Remarks On Trial Court Judge In Judgment [Read Judgment]

Live Law

‘Commenting the judgment, giving warning to the learned Sessions Judge and registering adverse remarks in the service register, all this can be done separately by giving a chance to the learned Sessions Court Judge and to explain his stand regarding the judgment given by him,’ Justice Ramathilagam said.A division bench of Madras High Court, though concurred in reversing a trial …

6 years, 10 months ago

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]

Live Law

The only punishment which the accused persons deserve for having committed the reprehensible and gruesome murder of innocent child to satisfy their lust is nothing but death, the bench said.While confirming death sentence to two men accused of rape and murder of an 11-year-old girl, the Madhya Pradesh High Court observed that it is immensely appalled by the alarming increase …

6 years, 10 months ago

Death Sentence A Measure Of Social Necessity For Deterring Other Potential Offenders: MP HC Confirms Death Penalty In Child Rape- Murder Case [Read Judgment]

Live Law

7 years, 8 months ago

Death Sentence(Trial Court)- Acquittal(HC) –Finally SC Awards Lifer To Accused In A 22-Year-Old Murder Case [Read Judgment]

Live Law

The Supreme Court has awarded life imprisonment to the accused who were held guilty for the death of three persons including a child, in Uttar Pradesh, which happened 22 years ago,The Trial Court in the instant case, had imposed death penalty on the accused. The High Court not only negatived the death sentence reference, but also acquitted the accused, in …

7 years, 10 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law

In a civil writ petition tagged with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Supreme Court’s Vacation Bench of Justices L.Nageswara Rao and Navin Sinha, on Wednesday, issued notice, and permitted the petitioners to appear in the examination.“However, the result of the examination, so far as the petitioners. …

7 years, 10 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law

7 years, 11 months ago

SC Refuses To ‘Review’ Death Penalty On Man Who Raped 4-Yr-Old Child [Read Judgment]

Live Law

Cumulative effect of the mitigating circumstances on one hand and the aggravating facts on the other, would be weighed for the ‘rarest of rare’ test, it saidThe Supreme Court has refused to review the death penalty awarded to a man found guilty of raping a 4-year-old kid.A three-judge bench, comprising Justice Dipak Misra, Justice RF Nariman and Justice UU Lalit, …

7 years, 11 months ago

SC Refuses To ‘Review’ Death Penalty On Man Who Raped 4-Yr-Old Child [Read Judgment]

Live Law

8 years ago

Nirbhaya Case: SC Reserves Judgment

Live Law

The Supreme Court, on Monday reserved its verdict in the brutal 2012 Delhi gang rape case. The Bench, comprising Justice Dipak Misra, Justice R. Banumathi and Justice Ashok Bhushan, reserved the judgment in the appeal filed against the death sentence handed down to four convicts by the Trial Court and the Delhi High Court.On December 16, 2012, five men and …

8 years ago

Nirbhaya Case: SC Reserves Judgment

Live Law

8 years, 2 months ago

Executive Clemency To Fugitive Is Mockery Of The Very Rule Of Law: Kerala HC [Read Judgment]

Live Law

Executive clemency cannot be extended to a citizen who managed to scoff the process of court, the bench said.Upholding a single bench judgment, which had set aside a Governor’s order commuting the sentence awarded to an accused, who absconded for 26 years, the division bench of the Kerala High Court observed that executive clemency cannot be extended to a citizen …

8 years, 2 months ago

Executive Clemency To Fugitive Is Mockery Of The Very Rule Of Law: Kerala HC [Read Judgment]

Live Law

8 years, 4 months ago

Breaking: Sentence in #Nirbhaya Case Should Be Set aside: Amicus Raju Ramachandran [Read Written Submissions-Part-1]

Live Law

He submitted before the Supreme Court that a fair hearing under Section 235 of the CrPC was not held in the case by the trial court that passed the judgment.Senior Advocate Raju Ramachandran, one of the two amicus curiae appointed by Supreme Court in the Nirbhaya Case submitted before the Court that the order on sentence passed by the Trial …

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4 hours, 58 minutes ago

Mamata Banerjee refuses to accept Supreme Court verdict on teachers’ jobs but ’will abide’

Live Mint

As the Supreme Court struck a major jolt to the West Bengal government over appointment of 25,753 teachers and other staff in state-run and state-aided schools, invalidating all, Chief Minister Mamata Banerjee said while she cannot accept the verdict but ‘will abide by it’. I respect the judge and the judiciary, but I can't agree with the judgment,” Mamata Banerjee …

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2 days, 1 hour ago