Legally Sane

On 13.09.2022, A division bench of the Hon’ble Supreme Court in Criminal Appeal No. 1317 of 2022 titled Chherturam @ Chainu Vs. State of Chhattisgarh has decided on a case of patricide, wherein, on the intervening night of 26th and 27th July 2010, between 10.00 PM and 12.30 AM, a quarrel broke out between the father and son(appellant) while they were drinking together. The informant (neighbour), on reaching their house found the appellant(son) assaulting his father with Nagar Wood. the deceased fell to the ground and died. During the investigation, the appellant made a disclosure statement, and pursuant to his statement a lungi as well as Nagar Wood were discovered. On an internal examination of the dead body, alcohol was found present inside the deceased’s stomach. The cause of death was stated to be haemorrhage shock caused by fatal injuries to the vital organs and the death was homicidal in nature. The appellant was charged under Section 302 of the Indian Penal Code to which he ple...

On 12/09/2022, A division bench of the Hon’ble Supreme Court of India in Writ Petition (Criminal) No. 121 of 2022 titled Vinod Katara Vs. The State of Uttar Pradesh has reiterated principles related to the age determination of an accused person under the Juvenile Justice Act, wherein, the petitioner along with other co-accused persons was charged and held guilty of committing offences punishable under Section 302/34 of the Indian Penal Code and sentenced to life imprisonment. The appeal preferred by the Petitioner against the aforesaid conviction was dismissed by the Allahabad High Court and thereafter petition was filed before the Hon’ble Supreme Court of India seeking special leave to appeal which was also dismissed. The question of the juvenility of the Petitioner was never raised before any court. The Allahabad High Court in (PIL) Misc. WP No. 855 of 2012 directed the Juvenile Justice Boards to hold inquiries to determine the age of prisoners languishing in jails who claimed to ha...

On 12.09.2022, DJ, Varanasi, Dr. Ajay Krishna Vishvesha in Original Suit No. 18 of 2022 titled Smt. Rakhi Singh & Ors. Vs. State of UP & Ors . delivered an order disposing of the application filed under O7R11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’), wherein, the application under O7R11 of the CPC was filed by Defendant No. 4 on the following grounds- The Suit of the Plaintiffs is barred by Section 4 of the Places of Worship (Special Provisions) Act, 1991 (hereinafter referred to as ‘Act of 1991’). The Suit of the Plaintiffs is barred by Section 85 of the Waqf Act, 1995 (hereinafter referred to as ‘Act of 1995’). The Suit of the Plaintiffs is barred by the Uttar Pradesh Shri Kashi Vishwanath Temple Act, 1983 (hereinafter referred to as ‘Act of 1983’). Scope of Court’s Power Under O7R11, CPC  It is a settled principle of law that while deciding an application under O7R11 of the CPC, only the averments of the Plaint must be seen and the defe...