Posts

Showing posts with the label Remission

Must Read

Gulshan Prakash v. State of Haryana (2010) 1 SCC477

Image
Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o

Bilkis Yakoob Rasul v. UoI & others, AIR 2022

Image
Bilkis Bano Case|Bilkis Bano Update|Bilkis Bano Judgement  This case brief/ summary is written after a detailed analysis of the judgement/ order dated 8.01.2024 of the SC. Overview  These appeal arises after a Order of the Government of Gujarat remitted the life sentence of all the convicts after completing 14 years of the sentence. All the convicts were convicted, in the famous case popularly known Bilkis Bano Case, for committing gangrape and murder. This case has dealt the meaning , scope and extent of the power of remission. Constitutional positions of remission under Article 72 and 161 and also remission provided under Section 432 read with Section 433A of Code of Criminal Procedure, 1973 has been interpreted here.  Introduction  These writ petitions filed against the Order of Sate of Gujarat which remitted the life sentence of respondents no. 3 to 13 and released them earlier, who were all convicted in committing heinous crime under various sections of Criminal Code during and fe