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Articles for Juvenility

Juvenility Can't Be Declared Without Determining Date Of Birth : Supreme Court On SP Leader Abdullah Azam Khan's Plea
2 months ago

Juvenility Can't Be Declared Without Determining Date Of Birth : Supreme Court On SP Leader Abdullah Azam Khan's Plea

Live Law  

The Supreme Court yesterday said that it needs to hear on merits whether the conviction of Samajwadi Party leader Mohammed Abdullah Azam Khan, based on which he was disqualified as a member of the Uttar Pradesh Legislative Assembly, can be set aside on determination of juvenility. On September 26, 2023, the Court directed the District Judge, Rampur, to submit a …

Supreme Court Court Uttar Pradesh Election Conviction Samajwadi Party Birth
JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
8 months ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Court Inquiry Case Raised Adv Jj Act Final Disposal
Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
9 months, 3 weeks ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

Children Justice Supreme Court Juvenile Justice Protection Court Care
Whether Offender Or Not, Child Must Be Treated As Child: Karnataka HC Lays Down Guidelines For Ascertaining Juvenility Of Accused Before Trial
11 months, 3 weeks ago

Whether Offender Or Not, Child Must Be Treated As Child: Karnataka HC Lays Down Guidelines For Ascertaining Juvenility Of Accused Before Trial

Live Law  

The Karnataka High Court recently issued guidelines to be followed by trial courts and special courts prescribing certain preliminary enquiry be made with the accused when produced for the first time in a criminal case in order to ascertain if the accused is a juvenile. A single judge bench of Justice C M Joshi said, “There is no doubt that …

Trial Evidence Court Victim Child Accused Kar
JJ Rules 2007| Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case
1 year, 1 month ago

JJ Rules 2007| Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case

Live Law  

The Supreme Court recently reviewed and accepted the plea of juvenility by a convict after 27 years in an assault and murder case that took place in 1995. The Court held that even if the medical report which shows the age of the appellant as 19 years is taken to be correct, even then, in a case where an exact …

Supreme Court School Court Test Juvenile Justice Act Case Rules
Supreme Court declines interim relief to Mohammad Azam Khan in criminal case
1 year, 2 months ago

Supreme Court declines interim relief to Mohammad Azam Khan in criminal case

Firstpost  

The top court, on September 26, had directed the Moradabad District Judge to decide the aspect of the juvenility of Azam Khan in accordance with the procedure under the Juvenile Justice Act and send the finding to it for further consideration. The Supreme Court on Wednesday declined to grant interim relief to Samajwadi Party leader Azam Khan’s son that the …

Supreme Court Uttar Pradesh Criminal Case Mla Khan Criminal Case
Abdullah Azam Khan Claims Juvenility To Seek Suspension Of Conviction; Supreme Court Seeks District Judge's Report On Birth Date
1 year, 3 months ago

Abdullah Azam Khan Claims Juvenility To Seek Suspension Of Conviction; Supreme Court Seeks District Judge's Report On Birth Date

Live Law  

The Supreme Court on Tuesday directed the District Judge, Rampur to submit a report regarding the date of birth of Samajwadi Party leader Mohammed Abdullah Azam Khan while hearing his plea to stay the conviction in a case, which resulted in his disqualification as a member of the Uttar Pradesh legislative assembly. Hence the question relating to the correct date …

Supreme Court Assembly Court Uttar Pradesh Samajwadi Party Birth Case
Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 5 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

Trial Court Application Telangana State High Act
Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?
1 year, 10 months ago

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?

Live Law  

Under the Juvenile Justice Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be …

Justice Court Conviction Accused Act 2015 Sentence
S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
1 year, 11 months ago

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court

Live Law  

The Orissa High Court has clarified that when a plea of juvenility is made before a Court, other than a Juvenile Justice Board, it must undertake an inquiry and take evidence, if any as per the mandate of Section 9 of the Juvenile Justice Act, before rendering any decision on the application. While setting aside an order for non-compliance of …

Justice Board Evidence Court Age Act Person
Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
2 years, 3 months ago

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Live Law  

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where …

Justice Court Age Writ Act 2000 Plea
Lodging Juveniles In Adult Prisons Amounts To Deprivation Of Their Personal Liberty: Supreme Court
2 years, 3 months ago

Lodging Juveniles In Adult Prisons Amounts To Deprivation Of Their Personal Liberty: Supreme Court

Live Law  

The Supreme Court observed that lodging juveniles in adult prisons amounts to deprivation of their personal liberty.Once a child is caught in the web of adult criminal justice system, it is difficult for the child to get out of it unscathed, the bench comprising Justices Dinesh Maheshwari and JB Pardiwala observed while considering a writ petition filed by a murder …

Supreme Court Evidence Court Age Writ Applicant Accused
Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 4 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Justice Trial Court Age Trial Court Application Act
Pulwama Terror Attack: J&K&L High Court Dismisses Accused' Appeal Claiming 'Plea Of Juvenility'
2 years, 5 months ago

Pulwama Terror Attack: J&K&L High Court Dismisses Accused' Appeal Claiming 'Plea Of Juvenility'

Live Law  

The Jammu & Kashmir & Ladakh High Court today dismissed an appeal filed by an accused in the 2019 Pulwama Terror Attack, claiming that he was a juvenile at the time of the alleged offence. While dismissing his appeal against an order of Special NIA Court, a Division bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "this court has …

Court Offence Appellant Terror Attack Vbied Attack
Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court
2 years, 6 months ago

Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court

Live Law  

The Kerala High Court has held that courts shall not employ a hypertechnical approach when the accused produces sufficient evidence in support of his argument that he was a juvenile at the time of commission of the crime.Justice A. Badharudeen added that the claimant discharging the burden mentioned in the Juvenile Justice Act or its Rules is sufficient to. The …

Court Kerala High Court Act Juvenile Ker Petitioner Juvenility
Plea Of Juvenility Has To Be Raised In A Bonafide And Truthful Manner: Supreme Court
2 years, 10 months ago

Plea Of Juvenility Has To Be Raised In A Bonafide And Truthful Manner: Supreme Court

Live Law  

The Supreme Court observed that the plea of juvenility has to be raised in a bonafide and truthful manner.If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the accused cannot be treated to be juvenile, the bench comprising of Justices Hemant Gupta and V. Ramasubramanian said.In this case, the High Court …

Family Supreme Court Court Birth Certificate Birth Rules Act
Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates
3 years, 1 month ago

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates

Live Law  

The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case.The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, it is to forward the juvenile …

Court Date Madhya Pradesh Claim Juvenile Petitioner Final Disposal
Juvenility Claim Can Be Raised Even After Conviction: Supreme Court Directs UP Govt To Verify 23 Agra Prisoners' Claim
3 years, 2 months ago

Juvenility Claim Can Be Raised Even After Conviction: Supreme Court Directs UP Govt To Verify 23 Agra Prisoners' Claim

Live Law  

The Supreme Court today observed that it is well settled that claims of juvenility can be raised even after conviction & even before this court. Prisoners in their writ filed through Advocate Rishi Malhotra had sought for issuance of directions to the State of Uttar Pradesh to verify their claim of juvenility. Pressing on issuance of directions for conducting an …

Justice Court Uttar Pradesh Conviction State Claim This Court
"I Admire Ability To Fast For Whole Day Without Even Drop Of Water": Justice Chandrachud To Lawyer Who Sought Listing Of Case After Ramadan
3 years, 8 months ago

"I Admire Ability To Fast For Whole Day Without Even Drop Of Water": Justice Chandrachud To Lawyer Who Sought Listing Of Case After Ramadan

Live Law  

"I admire the ability to fast for whole days without even a drop of water", Justice D. Y. Chandrachud told an advocate on Friday. I admire the ability to fast for whole days without even a drop of water" "The bench allowed the request of the petitioner's counsel to inspect and take copy of the juvenility report and also permitted …

Justice Plea Saharanpur Chandrachud Petitioner Justice Chandrachud Juvenility
Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court
3 years, 9 months ago

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

Live Law  

The Supreme Court observed that the delay in raising the claim of juvenility is no ground for rejection of such a claim.Such a claim can be raised at any stage, even after the final disposal of the case, the bench comprising Justices Indira Banerjee and Krishna Murari observed.The court was considering an application filed by one Isha Charan who has …

Supreme Court Court Uttar Pradesh Claim This Court Juvenile No Ground
Judgment Which Attains Finality Can't Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict's Plea Of Juvenility
4 years, 1 month ago

Judgment Which Attains Finality Can't Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict's Plea Of Juvenility

Live Law  

The Supreme Court has dismissed a petition filed by 1993 Mumbai blasts convict Muhammad Moin Faridulla challenging its March 21, 2013 decision upholding the sentence of rigorous imprisonment for life. Senior Advocate S. Nagamuthu, appearing for the petitioner, drew the attention of the bench to the 2004 apex court decision in Madan Singh v. State of Bihar, where two persons, …

Justice Mumbai Supreme Court Appeal Court Petitions Review Petitions
Almost 4 Decades On, 55-year-old to be Punished by Juvenile Court for 1981 Murder
4 years, 3 months ago

Almost 4 Decades On, 55-year-old to be Punished by Juvenile Court for 1981 Murder

News 18  

A 55-year-old man will turn himself in before a juvenile court next week. The court has ordered that the convict will be produced before the Juvenile Justice Board in Uttar Pradesh’s Bahraich in the next seven days. Under Section 15 of the 2000 Juvenile Justice Act, a delinquent in conflict of law can be kept in a reformation centre for …

Murder Court Juvenile Convict
2012 Delhi gangrape: SC rejects convict Pawan Gupta's curative plea; convict had argued court wrongly discarded juvenility claim
4 years, 9 months ago

2012 Delhi gangrape: SC rejects convict Pawan Gupta's curative plea; convict had argued court wrongly discarded juvenility claim

Firstpost  

A six-judge bench headed by Justice NV Ramana dismissed the plea, saying ’no case is made out' New Delhi: The Supreme Court on Thursday rejected the curative petition filed by Pawan Gupta, one of the four death-row convicts in the 2012 Delhi gangrape and murder case, against the dismissal of his juvenility claim. A six-judge bench headed by Justice NV …

Delhi No Case Pawan Gupta
Breaking: Nirbhaya Case : SC Dismisses Pawan Gupta's Curative Petition Against Dismissal Of Juvenility Claim [Read Order]
4 years, 9 months ago

Breaking: Nirbhaya Case : SC Dismisses Pawan Gupta's Curative Petition Against Dismissal Of Juvenility Claim [Read Order]

Live Law  

A day before the scheduled hangings in the Nirbhaya case, the Supreme Court on Thursday dismissed the curative petition filed by death row convict Pawan Kumar Gupta challenging the dismissal of his claim of juvenility at the time of offence.A 6-judge bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi, Ashok Bhushan and A S Bopanna …

Bench Petition Nirbhaya Nirbhaya Case R Banumathi