Section 321 of CrPC gives the power to Public Prosecutor and Assistant Public Prosecutor to withdraw the prosecution against a person except in some cases. Section 321 reads as follows…
India is a member of the United Nations and has ratified the International Covenant on Civil and Political Rights (ICCPR). A large number of United Nations international documents prohibit the…
The right to life is the most fundamental of all rights. The right to life, as guaranteed under Article 21 of the Constitution of India, provides that no person shall…
The power of the executive to grant pardon under Article 72/161 is a Constitutional power and the Court, on numerous occasions, has declined to frame guidelines for the exercise of…
Both Articles 72 and 161 repose the power of the people in the highest dignitaries, i.e., the President or the Governor of a State, as the case may be, and…
It is apposite to refer the relevant Articles which give power to the President of India and the Governor to grant pardons and to suspend, remit or commute sentences in…
In Mafatlal Industries Ltd v. Union of India , 1997 (5) SCC 536; 1996 INSC 1514. a decision by a bench of nine judges of Supreme Court, the majority opinion…
Not every observation in a judgement of Supreme Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues…
The law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength. A bench of lesser strength cannot disagree or dissent from the view taken…
In Property Owners’ Association v. State of Maharashtra (2024), at its core, the dispute concerned whether the text of Article 31-C as it stood prior to the Forty-Second Amendment can…
