constitutional standards by adopting a mechanistic approach. It is a difficult problem of constitutional interpretation to which it is not possible to give an objectively ... correct legal answer. It is not a mere legalistic problem which can be answered definitively by the application of logical reasoning
Chair)
Sir, I do not think it is basically a legalistic problem or a constitutional issue, it is more a sociological problem ... death sentences were awarded, you can see certain approach to the whole problem. That was not there in the ancient days but in the recent
crimes as prescribed by law we are
confronted with a serious problem. Not a few are found to hold that
life imprisonment, especially ... measure
its degree? This is a very baffling, difficult and intricate problem.
Secondly, criminal cases do not fall into set behavioristic patterns.
Even within
facts, (ii)
statements of the principles of law applicable to the legal
problems disclosed by the facts, (iii) Judgment based on the
combined effect ... defined as a statement of
law applied to the legal problems raised by the facts as
found, upon which the decision is based. The other
making,
and is a typical or representative of the kind of problems
that leaders of Parliament face every day. In short, the
case for abolition ... canalisation of
the sentencing discretion in a competing situation. The
former problem is now beyond forensic doubt after Jagmohan
Singh(') and the latter
accused's sister and further told that he would handle the problem.
(e) PW3 Ramamurthy alias Ramu deposed that he knew the deceased
Radhakrishnan ... going to meet a friend in the town regarding a small problem,
and after having tea at a tea shop opposite to the State-Bank
casual approach to the case, no proper application of mind to the problem and basic misconceptions of the relevant law. The appreciation of the evidence ... indicates non-application of mind. This cavalier manner in dealing with the problem before him by a Judge is, no doubt, highly irregular
These directions however, are subject to the rules and the security problems of the authorities who may take a decision to the contrary after bringing ... prohibition in the jail rules and without creating any law and order problems or problem of security for the Government. We feel that the present
deceased was suffering with irregular menstrual periods
due to some gynaec problem for which she was taking treatment. On that
count A1 abused ... petitioners except stating that due to her gynaec problem, mother-in-
law and sister-in-law were causing some inconvenience to her. Learned
counsel
stated that
Divya was suffering from some gynecological problem, for which she
was undergoing treatment from Apollo Hospital, Delhi. He also stated
that the parents ... deceased committed suicide as she was suffering
from some acute gynecological problem, for which she was
undergoing treatment from Apollo Hospital, Delhi, and the accused