Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Supreme Court Rules 2013: c Order XLV/11rule.4(1) and (2) - 1993 Bombay bomb blasts - Conviction and death sentence - Stay of execution of death sentence sought by writ petitioner - Question whether curative petition was decided by the Bench duly constituted D as per the rules - Held: The three senior-most Judges have to be parties to the Bench and the Judges of the 'Judgment complained of' are to be parties and if they are not available it is the prerogative of the Chief Justice of India to incl |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Supreme Court Rules, 2013: Order XLV/11rule.4(1) and (2) - 1993 Bombay bomb blasts - Conviction and death sentence - Stay of execution A B c of death sentence sought by writ petitioner - Question whether curative petition was decided by the Bench duly constituted as per the rules - Held: The three senior-most Judges have to be parties to the Bench and the Judges of the 'Judgment complained of' are to be parties and if they are not available, it is the prerogative of the Chief Justice of India to include some other Judges; however, if it is dealt with by three senior- most Judges, as in this case by the Chief Justice of India and two senior-most Judges, the order would not become void. Order XLV/11 rule 4(1) and (2) - Judgment complained of- Held: Solely be~ause the dismissal of the review petition has been nomenclatured as Judgment', it Will not come within the ambit and sweep of the concept of Judgment complained of'. Order I Rule 2(1 )(k) - Whether the term 'order' which G forms a part of the definition of Judgment' as stipulated under Order I Rule 2(1 )(k) would mean that the order in review or the judgment passed in the main judgment - Held: It is the principal judgment/main judgment. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 534 |
Petitioner | Yakub Abdul Razak Memon |
Respondent | State Of Maharashtra, Thr. The Secretary, Home Department And Others |
SCR | [2015] 12 S.C.R. 661 |
Judgement Date | 2015-07-29 |
Case Number | 129 |
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