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Feb 14 2020 (SC)

Vinay Sharma Vs. Union of India

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION WRIT PETITION (CRL.) NO.65 OF2020VINAY SHARMA ...Petitioner VERSUS UNION OF INDIA AND OTHERS ...Respondents ORDER R. BANUMATHI, J.This writ petition has been filed under Article 32 of the Constitution of India by the petitioner-Vinay Sharma a death-row convict. The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking commutation of his death sentence inter alia on the grounds:- (i) Non-furnishing of relevant materials under RTI Act; (ii) non-consideration of relevant material; (iii) torture; (iv) mental illness; (v) consideration of irrelevant material by the respondent authorities; and (vi) illegal solitary confinement.2. The petitioner is a death-row convict in Nirbhayas case which relates to the gang rape of the victim in the moving bus in Delhi on 1 the night of 16/17.12.2012. The trial court by its judgment dated 10.09.2013 convicted the...

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Jan 30 2020 (HC)

Neelamma Vs. M G Roopa

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE30H DAY OF JANUARY, 2020 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS MFA NO.5651 OF2016(MV)BETWEEN :1. NEELAMMA W/O LATE MAHESHWARAPPA AGED ABOUT43YEARS R/AT KAMASAMUDRA VILLAGE, KANKATTE HOLI, ARASIKERE TALUK HASSAN DISTRICT. NOW ALL R/AT SRINIVASA COMPOUND, HEGGERE VILLAGE KASABA HOBLI TUMKUR TALUK-572103 2.3. NAVEEN KUMAR.K.M. @ NAVEEN S/O LATE MAHESHWARAPPA R/AT KAMASAMUDRA VILLAGE, KANKATTE HOLI, ARASIKERE TALUK HASSAN DISTRICT. NOW ALL R/AT SRINIVASA COMPOUND, HEGGERE VILLAGE KASABA HOBLI TUMKUR TALUK-572103 KUMARASWAMY.K.M. S/O LATE MAHESHWARAPPA R/AT KAMASAMUDRA VILLAGE, KANKATTE HOLI, ARASIKERE TALUK HASSAN DISTRICT. NOW ALL R/AT SRINIVASA COMPOUND, HEGGERE VILLAGE KASABA HOBLI TUMKUR TALUK-572103 2 4. MALAMMA W/O LATE MADAPPA AGED ABOUT66YEARS R/AT KAMASAMUDRA VILLAGE, KANKATTE HOLI, ARASIKERE TALUK HASSAN DISTRICT. NOW ALL R/AT SRINIVASA COMPOUND, HEGGERE VILLAGE KASABA HOBLI TUMKUR TALUK-572103. (BY SRI R.D.RENUKARAD...

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Sep 05 2019 (SC)

Dr Ashwini Kumar Vs. Union of India Ministry of Home Affairs

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION No.2560 OF2018WRIT PETITION (CIVIL) No.738 OF2016IN DR. ASHWANI KUMAR .. APPLICANT(S) VERSUS UNION OF INDIA AND ANOTHER .. RESPONDENT(S) ORDER SANJIV KHANNA, J.This order would dispose of Miscellaneous Application No.2560 of 2018 filed by Dr. Ashwani Kumar, applicant in-person, who is a senior advocate and a former Law Minister and Member of Parliament, praying for the following relief: In the aforesaid premises, it is therefore respectfully prayed that since no action has been taken by the Government pursuant to the statement of the Honble Attorney General, the stand taken by the National Human Rights Commission and the Law Commission of India in its report of October 2017 and because the merit of the prayer is virtually admitted and conceded before this Honble Court, the National Human Rights Commission, the Law Commission of India and by Select Committee of Parliament, as an integral const...

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Jul 26 2019 (HC)

Ganesh Miskin @ Ganesh @ Ganu Bain Vs. The State of Karnataka

Court : Karnataka Dharwad

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26H DAY OF JULY2019BEFORE THE HONBLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.100871 OF2019BETWEEN1 GANESH MISKIN @ GANESH @ GANU BIN DASHARATH, AGE:27. YEARS, OCC: BUSINESS, R/AT: GANESH COLONY, GOKUL ROAD, HUBBALLI.2. AMEET BADDI @ BADDI @ AMEET BIN LATE RAMACHANDRA, AGE:27. YEARS, OCC: BUSINESS, R/AT: TADPATRI GALLI, JANTHA BAZAAR, HUBBALLI. ...PETITIONERS (BY SRI. GOURISHANKAR H MOT, ADVOCATE) AND THE STATE OF KARNATAKA BY VIDYAGIRI POLICE STATION, BY DEPUTY SUPERINTENDENT OF POLICE CCD, CID BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, DHARWAD BENCH, DHARWAD. ...RESPONDENT (BY SRI. H.S.CHANDRAMOULI, STATE PUBLIC PROSECUTOR) CRL.P. NO.100871 OF2019THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C., PRAYING TO ENLARGE ON BAIL, THE PETITIONERS HERE ACCUSED NO.1 AND2IN CRIME NO.0142/2015 REGISTERED BY VIDYAGIRI POLICE STATION FOR THE OFFENCE PUNISHABLE U/SEC.302, 34 OF IPC & 25 OF ARMS ACT PENDING BEFORE THE3D ADDL. SENI...

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May 30 2019 (HC)

Aarshya Gulati (Through: Next Friend Mrs. Divya Gulati) and Ors. Vs.go ...

Court : Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 30, 2019 + W.P.(C) 347/2018, CM Nos. 1417/2018, 36104/2018 & 40805/2018 AARSHYA GULATI (THROUGH: NEXT FRIEND MRS. DIVYA GULATI) AND ORS. Through: Mr. T.K. Ganju, Sr. Adv. with Mr. Divyanshu Goyal, Ms. Swati Jain and Ms. Shikha Sinha, Advs. versus ........ Petitioners GOVERNMENT OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr. Sanjoy Ghose, ASC for GNCTD with Ms. Urvi Mohan, Adv. Mr. V.K. Bali, Sr. Adv. with Mr. Aditya Soni, Adv. for R4 & R6. Mr. Mudit Gupta, Adv. for R5 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J CM No.1417/2018 (by applicant Mrs. Divya Gulati under Order 32 Rule 1 of CPC to act as next friend of the petitioners to prefer the accompanying writ petition) For the reasons stated in the application, the same is allowed and disposed of. W.P.(C) No.347/2018 Page 1 of 52 CM Nos. 40805/2018 and 36104/2018 (under Section 151 CPC for placing additiona...

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May 13 2019 (HC)

Mahesh Rai vs.the State Govt. Of Nct of Delhi

Court : Delhi

$~ * + + + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1075/2017 MAHESH RAI Through: Mr.C.L.Gupta, Advocate. ..... Appellant versus THE STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP for State with SI Sandeep Shrivastava, PS Bharat Nagar. CRL.A. 31/2018 WITH HORI LAL Through: Mr. Ajay Kumar Pipaniya, Advocate versus with Ms. Mahima Chaudhary, Advocate. ..... Appellant THE STATE GOVT. OF NCT OF DELHI & ANR. ........ RESPONDENTS Through: Ms. Aashaa Tiwari, APP for State. Mr. C.L.Gupta, Advocate for R-2. AND CRL.A. 292/2018 STATE (NCT OF DELHI) ..... Appellant Through: Ms. Aashaa Tiwari, APP for State MAHESH RAI versus Through: Mr.C.L.Gupta, Advocate. ..... Respondent Date of Decision:13. h May, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Crl.A.No.1075/2017 & Ors. Page 1 of 42 MANMOHAN, J: JUDGMENT1 While Crl.A.No.1075/2017 has been filed by the appellant-accused challenging the judgment dated 29th November, 2016 c...

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May 13 2019 (HC)

State (Nct of Delhi) vs.mahesh Rai

Court : Delhi

$~ * + + + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1075/2017 MAHESH RAI Through: Mr.C.L.Gupta, Advocate. ..... Appellant versus THE STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP for State with SI Sandeep Shrivastava, PS Bharat Nagar. CRL.A. 31/2018 WITH HORI LAL Through: Mr. Ajay Kumar Pipaniya, Advocate versus with Ms. Mahima Chaudhary, Advocate. ..... Appellant THE STATE GOVT. OF NCT OF DELHI & ANR. ........ RESPONDENTS Through: Ms. Aashaa Tiwari, APP for State. Mr. C.L.Gupta, Advocate for R-2. AND CRL.A. 292/2018 STATE (NCT OF DELHI) ..... Appellant Through: Ms. Aashaa Tiwari, APP for State MAHESH RAI versus Through: Mr.C.L.Gupta, Advocate. ..... Respondent Date of Decision:13. h May, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Crl.A.No.1075/2017 & Ors. Page 1 of 42 MANMOHAN, J: JUDGMENT1 While Crl.A.No.1075/2017 has been filed by the appellant-accused challenging the judgment dated 29th November, 2016 c...

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May 13 2019 (HC)

Hori Lal vs.the State Govt. Of Nct of Delhi & Anr.

Court : Delhi

$~ * + + + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1075/2017 MAHESH RAI Through: Mr.C.L.Gupta, Advocate. ..... Appellant versus THE STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP for State with SI Sandeep Shrivastava, PS Bharat Nagar. CRL.A. 31/2018 WITH HORI LAL Through: Mr. Ajay Kumar Pipaniya, Advocate versus with Ms. Mahima Chaudhary, Advocate. ..... Appellant THE STATE GOVT. OF NCT OF DELHI & ANR. ........ RESPONDENTS Through: Ms. Aashaa Tiwari, APP for State. Mr. C.L.Gupta, Advocate for R-2. AND CRL.A. 292/2018 STATE (NCT OF DELHI) ..... Appellant Through: Ms. Aashaa Tiwari, APP for State MAHESH RAI versus Through: Mr.C.L.Gupta, Advocate. ..... Respondent Date of Decision:13. h May, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Crl.A.No.1075/2017 & Ors. Page 1 of 42 MANMOHAN, J: JUDGMENT1 While Crl.A.No.1075/2017 has been filed by the appellant-accused challenging the judgment dated 29th November, 2016 c...

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Apr 25 2019 (SC)

Rajan Vs. The Home Secretary Home Department of Tamil Nadu

Court : Supreme Court of India

1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION REPORTABLE WRIT PETITION (CRIMINAL) No.321 OF2018Rajan ..Petitioner(s) :Versus: The Home Secretary, Home Department of Tamil Nadu and Ors. ....Respondent(s) JUDGMENT A.M. Khanwilkar, J.1. This writ petition under Article 32 of the Constitution of India has been preferred inter alia seeking premature release of the petitioner as he has already undergone over 30 years of actual imprisonment. With remission, the total sentence undergone is above 36 years. 2 2. The petitioner claims that he is a refugee from Sri Lanka. He was named as an accused in relation to an offence committed on 27th July, 1988, registered as FIR in Crime No.104/88 at Thanipadi Police Station. The prosecution case was that the petitioner, along with coaccused, committed dacoity at the house of one Pitchaikara Grounder and while he was trying to escape in a Maruti Van, the police and common public erected a barricade, upon which the petitioner fired from a ...

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Apr 22 2019 (SC)

The State of Rajasthan Vs. Mukesh Sharma

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 3086 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) MUKESH SHARMA ...RESPONDENT(S) VERSUS WITH CIVIL APPEAL NO(s). 3092 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS ...APPELLANT(S) GURUBUX SINGH alias BAKSHI SINGH ...RESPONDENT(S) CIVIL APPEAL NO(s). 3087 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) BIRBAL RAM VERSUS ...RESPONDENT(S) CIVIL APPEAL NO(s). 3088 OF2016STATE OF RAJASTHAN AND OTHERS VERSUS RATAN LAL ...APPELLANT(S) ...RESPONDENT(S) CIVIL APPEAL NO(s). 3089 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS RAM GOPAL ...APPELLANT(S) ...RESPONDENT(S) 1 CIVIL APPEAL NO(s). 3091 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS BIRBAL MAHARIYA ...APPELLANT(S) ...RESPONDENT(S) CIVIL APPEAL NO(s). 3090 OF2016STATE OF RAJASTHAN AND OTHERS ...APPELLANT(S) TEJ SINGH alias SANWAT SINGH VERSUS ...RESPONDENT(S) CIVIL APPEAL NO(s). 3093 OF2016STATE OF RAJASTHAN AND ANOTHER VERSUS RAM AVTAR KHATIK AND ...

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