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ACT: Hindu Law-Hindu embracing another religion-whether retains original cast. On reconversion to Hinduism-Whether performance of any particular ceremony or expiatory rites necessary. Representation of the people Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu Adi Dravida (scheduled cast) on reconversion to Hinduism belongs to scheduled castes. HEADNOTE: The first respondent was elected to the Lok Sabha from a constituency which was reserved for the Scheduled Castes, The appellant challenged the election of the first respondent on the ground that he was not a member of the Scheduled Castes. The election Tribunal found that the first respondent belonged to the Scheduled Caste and upheld the election. Hence this appeal. The appellant urged that the parents and the sisters of the respondent were shown to be Christians and the respondent was born a Christian and there was no way he could acquire a caste and become an Adi Dravida on conversion to Hinduism. Dismissing the appeal. ^ HELD: At all relevant time, the first respondent was a Hindu Adi Dravida and professed no religion other than Hinduism. The precedents particularly those from South India, clearly establish that no particular ceremony is prescribed for reconversion to Hinduism of a person who had earlier embraced another religion. Unless the practice of the Caste makes it necessary no expiatory rites need be performed and, ordinarily, he regains this caste unless the community does not accept him. In fact, it may not be accurate to say that he regains his caste, it may be more accurate to say that he never lost his caste in the first instance when he embraced another religion. The practice of caste however irrational it may appear to our reason and however repugnant it may appear to our moral and social sense, is so deeprooted in the Indian people that its mark does not seem to disappear on conversion to a different religion. If it disappears, it disappears only to re 974 appear on reconversion. The mark of caste does not seem to really disappear even after some generations after conversion. [981A-C] Administrator-General of Madras v. Anandachari & Ors. ILR 9 MADRAS 466, Muthusami Mudalia & Anr. v. Masilamani & Ors. ILR 33 MADRAS 342, Gurusami Nadar v. Irulappa Konar, 67 MADRAS LAW JOURNAL 399, Ramayya v. Mrs. Josephine Elizabeth, AIR 1937 MAD 172, Goona Durgaprasad Rao v. Sudarsanaswami, ILR 1940 MAD 653, Rajgopal v. Armugon & Ors. [1969] I SCR 254, Rajgopal v. Armugam [1969] I SCR 254, Perumal Nadar v; Ponnuswami [1971] I SCR 49, Vermani v. Vermani AIR 1943 LAHORE 51 and Chatturbhuj Vithaldas Jasani v. Moreshwer Parashram & Ors.[1954] SCR 817, referred to.= PETITIONER: S. ANBALAGAN Vs. RESPONDENT: B. DEVARAJAN & ORS.= published in http://judis.nic.in/supremecourt/imgst.aspx?filename=9653

ACT: Hindu  Law-Hindu embracing  another  religion-whether retains original  cast. On  reconversion to Hinduism-Whether performance of any particular ceremony or  expiatory rites necessary. Representation   of   the  people   Act.-Parliamentary election-Constituency reserved for scheduled castes-Whether a Hindu  Adi Dravida  (scheduled cast) on  reconversion  to Hinduism belongs to scheduled castes.       HEADNOTE: The first respondent … Continue reading

Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India as far as capital punishment is concerned. The Code of Criminal Procedure, 1898, under Section 367(5) reads: “If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed.”= Imprisonment for life of a convict is till the end of his biological life as held by the Constitution Bench in Gopal Vinayak Godse vs. The State of Maharashtra and Others[37] case (supra). Hence, there is no point in saying that the sentences would run consecutively. However, we make it clear that in case the sentence of imprisonment for life is remitted or commuted to any specified period (in any case, not less than fourteen years in view of Section 433A of the Cr.PC.), the sentence of imprisonment under Section 307 of IPC shall commence thereafter.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40743 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 165-166 OF 2011 Sunil Damodar Gaikwad … Appellant (s) Versus State of Maharashtra … Respondent (s) J U D G M E N T KURIAN, J.:   1. Death and if not life, death or life, life and if not death, … Continue reading

Section 367(5) reads= Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India as far as capital punishment is concerned. The Code of Criminal Procedure, 1898, under Section 367(5) reads: “If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed.”= In the above facts and circumstances of the case, while upholding the conviction of the appellant under Section 302 and Section 307 of IPC, we modify the sentence as follows: a) For offence under Section 302 of IPC, the appellant is sentenced to life imprisonment. b) For offence under Section 307 of IPC, the appellant is convicted to imprisonment for a period of seven years. 28. Imprisonment for life of a convict is till the end of his biological life as held by the Constitution Bench in Gopal Vinayak Godse vs. The State of Maharashtra and Others[37] case (supra). Hence, there is no point in saying that the sentences would run consecutively. However, we make it clear that in case the sentence of imprisonment for life is remitted or commuted to any specified period (in any case, not less than fourteen years in view of Section 433A of the Cr.PC.), the sentence of imprisonment under Section 307 of IPC shall commence thereafter. 29. The appeals are allowed as above.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40743 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 165-166 OF 2011 Sunil Damodar Gaikwad … Appellant (s) Versus State of Maharashtra … Respondent (s) J U D G M E N T KURIAN, J.:   1. Death and if not life, death or life, life and if not death, … Continue reading

pendency of mercy petition =Articles 72 and 161 under which the President or the Governor, as the case may be, can grant pardons, reprieves, respites or remission of punishment or suspend, remit or commute the sentence of any person convicted of any offence and as will be seen hereinafter, the President has exercised power under Article 72 in large number of cases for commutation of death sentence into life imprisonment except when the accused was found guilty of committing gruesome and/or socially abhorrent crime. = on account of prolonged detention in jail after his conviction and sentence to death, the petitioner has suffered physically and mentally, the same cannot be relied upon for recording a finding that the petitioner’s mental health has deteriorated to such an extent that the sentence awarded to him cannot be executed.; The statistics produced by the learned Additional Solicitor General show that between 1950 and 2009, over 300 mercy petitions were filed of which 214 were accepted by the President and the sentence of death was commuted into life imprisonment. 69 petitions were rejected by the President. The result of one petition is obscure. However, about 18 petitions filed between 1999 and 2011 remained pending for a period ranging from 1 year to 13 years. A chart showing the details of such petitions is annexed with the Judgment as Schedule ‘A’. The particulars contained in Schedule ‘A’ give an impression that the Government and the President’s Secretariat have not dealt with these petitions with requisite seriousness. We hope and trust that in future such petitions will be disposed of without unreasonable delay. 48. For the reasons stated above, we hold that the petitioners have failed to make out a case for invalidation of the exercise of power by the President under Article 72 of the Constitution not to accept the prayer for commutation of the sentence of death into life imprisonment. The writ petitions are accordingly dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) D.NO. 16039 OF 2011 Devender Pal Singh Bhullar …Petitioner versus State of N.C.T. of Delhi …Respondent WITH WRIT PETITION (CRIMINAL) No. 146 OF 2011 AND WRIT PETITION (CRIMINAL) No. 86 OF 2011 J U D G M E N T G. … Continue reading

Election petition dismissed on preliminary objection as there is no complete cause of action. Apex court upheld the same.the parliamentary elections held on 16th April, 2009 for the No.05 – Kozhikode Constituency of the Lok Sabha, challenged the election of the Respondent, Shri M.K. Raghavan, who was the returned candidate from the said constituency, by way of an Election Petition filed under Section 81 read with Sections 100, 101 and 123 of the Representation of the People Act, 1951, hereinafter referred to as the “1951 Act”. The Appellant contested the election as the official candidate of the Communist Party of India (Marxist), hereinafter referred to as the “CPI(M)” led by the Left Democratic Front, hereinafter referred to as the “LDF”, whereas the Respondent No.1 was a candidate of the Indian National Congress and he contested the election as the candidate of the United Democratic Front, hereinafter referred to as the “UDF”. 2. The ground on which the election of the Respondent No.1 was challenged was that he had published false statements with regard to the Appellant and thereby committed corrupt practice within the meaning of Section 123(4) of the 1951 Act, which provides that the publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement of fact which is false in relation to the personal character, conduct of any candidate, shall be deemed to be guilty of corrupt practice within the meaning of Section 123 of the 1951 Act. the Petition, which did not strictly comply with the requirements of Section 86(1) of the 1951 Act, could not be said to be an Election Petition as contemplated in Section 81 and would attract dismissal under Section 86(1) of the 1951 Act. On the other hand, the failure to comply with the proviso to Section 83(1) of the Act rendered the Election Petition ineffective, as was held in Hardwari Lal’s case .the proviso to Section 83(1) of the 1951 Act provides that where corrupt practices are alleged, the Election Petition shall also be accompanied by an affidavit in the prescribed form, it could not have been the intention of the legislature that two affidavits would be required, one under Order VI Rule 15(4) CPC and the other in Form 25.since in the absence of proper verification as contemplated in Section 83, it cannot be said that the cause of action was complete. The consequences of Section 86 of the 1951 Act come into play immediately in view of Sub- Section (1) which relates to trial of Election Petitions and provides that the High Court shall dismiss the Election Petition which does not comply with the provisions of Section 81 or Section 82 or Section 117 of the 1951 Act. Although, Section 83 has not been mentioned in Sub-Section (1) of Section 86, in the absence of proper verification, it must be held that the provisions of Section 81 had also not been fulfilled and the cause of action for the Election Petition remained incomplete. The Petitioner had the opportunity of curing the defect, but it chose not to do so. 27. In such circumstances, we have no other option, but to dismiss the appeal. 28. The Appeal is, accordingly, dismissed, but there will be no order as to costs.

REPORTABLE | |   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10262 OF 2010     P.A. Mohammed Riyas … Appellant   Vs.     M.K. Raghavan & Ors. … Respondents     J U D G M E N T     ALTAMAS KABIR, J.   1. The appellant … Continue reading

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