Supreme Court of India Aruna Ramchandra Shanbaug vs Union Of India & Ors. on 7 March‚ 2011 Bench: Markandey Katju‚ Gyan Sudha Misra REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 115 OF 2009 Aruna Ramchandra Shanbaug .. Petitioner -versus- Union of India and others .. Respondents J U D G M E N T Markandey Katju‚ J. "Marte hain aarzoo mein marne ki Maut aati hai par nahin aati" -- Mirza Ghalib 1. Heard Mr. Shekhar Naphade
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the Constitution was ratified. It originally gave the majority of the power to the states. As time went on‚ the national government gained more and more power. It used the "necessary and proper" clause of the Constitution to validate its acts‚ and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally‚ the recent course of federalism has been to give powers back to the states. Federalism was needed in the Constitution to make sure
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Republic of the Philippines SUPREME COURT Manila EN BANC GUILLERMO AUSTRIA‚ petitioner‚ vs. THE COURT OF APPEALS (Second Division)‚ PACIFICO ABAD and MARIA G. ABAD‚ respondents. Antonio Enrile Inton for petitioner. Jose A. Buendia for respondents. REYES‚ J.B.L.‚ J.: Guillermo Austria petitions for the review of the decision rendered by the Court of Appeal (in CA-G.R. No. 33572-R)‚ on the sole issue of whether in a contract of agency (consignment of goods for sale) it is necessary
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3d‚ at 1023‚ it reasoned that voluntary intoxication is not a “mental disease or defect” as a matter of state law. Id.‚ at 250‚ 284 P. 3d‚ at 1023–1024 (citing State v. Kleypas‚ 272 Kan. 894‚ 40 P. 3d 139 (2001)). The court therefore concluded that “Cheever did not waive his Fifth Amendment privilege and thus permit his court ordered examination by Dr. Welner to be used against him at trial.” 295 Kan.‚ at 251‚ 284 P. 3d‚ at 1024. This reasoning misconstrues our precedents
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Most people inhibit morals and hold different classes of ethics‚ which plays heavily in choosing between right and wrong or fair and unfair. These decisions grow more difficult as time goes on. When considering which Supreme Court case I wanted to research‚ the thought of picking the death penalty topic originally swayed me. I did not want to pick such a controversial subject‚ but I grew more and more intrigued as I read deeper into the case of Gregg vs. Georgia in 1976. The case stirred up many
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The Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court‚ so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17‚ Considerations Governing Review on Certiorari ’" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First‚ the Supreme Court must
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equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee‚ McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group)‚ they applied and
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Function of the U.S Supreme Court The Federal Court System contains three levels of courts: first‚ U.S district courts and various courts of limited jurisdiction (trial courts of general jurisdiction). Second‚ U.S courts of appeals (intermediate courts of appeals). Finally‚ the highest level of the three level federal court system is the United State Supreme Court. Today‚ the United State Supreme Court is located in Washington D.C. The United State Supreme Court was established
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Plessy V. Ferguson- Topics 1. An Eventful Ride 2. Free Colored People 3. The Separate Car Act 4. Plessy Case 5. The Verdict (Louisiana Supreme Court 6. Back to Ferguson’s Court An Eventful Ride On June 7‚ 1892‚ respected admired New Orleans merchant Homer Plessy‚ in his 30‚ hopped on a train at the Press Street depot in New Orleans‚ on the way to Covington‚ Louisiana‚ couple of hours away. Plessy had purchased a first-class ticket‚ and was resembling the people sitting the in
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Abortion: Politically Correct – Morally Incorrect Abortion is the termination of pregnancy before birth‚ resulting in‚ or accompanied by the death of the fetus. ("Abortion‚" Encarta 98). In 1973‚ the U.S. Supreme Court decision‚ Roe v. Wade‚ dramatically changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy‚ and for almost any reason after that
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