# death or life sentence would be the appropriate sentence considering the age of the

- **Citation:** C.L. No. 34/2009/Admin
- **Court:** Allahabad High Court
- **Decided:** 2009-07-16
- **Case number:** C.L. No. 34/2009/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/death-or-life-sentence-would-be-the-appropriate-sentence-considering-the-age-of-163636
- **Pages:** 1

## Text

371
his statement, other material on record, the court's subjective impression of the age, and
in the event that the court deems it appropriate by getting the medical examination of the
accused conducted or by seeking further documentary or other evidence of age, that we
can ensure that the mandate of Rule 50 of the General Rules (Criminal) and directions of
the Apex Court are observed in letter and spirit. Only by this exercise will a proper
estimate of the age be available on record which is very necessary for deciding on
questions of the appropriateness of the procedure adopted for the trial of the case, i.e.
whether the trial of the accused should have been conducted according to the procedure
prescribed under the Juvenile Justice Act or otherwise, what should be the appropriate
sentence, if the accused is of very young age or he is very old, and certain cases whether
death or life sentence would be the appropriate sentence considering the age of the
Accused‖.
Therefore, I am directed to send out her with a copy of the judgment and order
dated 30.9.2005 in Crl. Jail Appeal No. 58 of 2001- Kaloo vs. State of U.P. with the
request that the contents of and directions in the judgment and orders afore stated, be
unerringly gone though all the way for ensuring strict compliance by all concerned.
Compliance of directions/orders given by Hon'ble Supreme Court in Writ Petition
(Civil) No. 549 of 2008 - Health for Millions Tr. Legal Advisor Vs. Union of India &
ors.
C.L. No. 34/2009/Admin. ̳G-II': Dated July 16, 2009

While passing order in Writ Petition (Civil) No. 549 of 2008 - Health for Millions
Tr. Legal Advisor Vs. Union of India & Ors., the Hon'ble Apex Court has observed that:
―........that Government of India undertakes to implement Cigarettes and Other
Tobacco Products (Packaging and Labelling) Rules, 2008, with effect from 31st
May, 2009, and enforcement thereof shall not be further extended under any
circumstances. In view of this statement made at the Bar and the undertaking. It is
not necessary to pass any further order in these writ petitions by way of interim
measure. However, we direct that no Court in the country shall pass any order,
which is inconsistent with this order.‖

Therefore, I have been directed to send herewith a copy of the Order dated
06.05.2009 passed by the Hon'ble Apex Court in the above mentioned case with the
request to kindly circulate a copy of this circular letter to all the Judicial Officers in the
Judgeship under your supervision and control for their information, necessary action and
compliance.
Compliance of directions/orders given by Hon'ble Supreme Court in Petition for
Special Leave to Appeal (Civil) Nos. 11801-11804 of 2005 - Jai Prakash vs. M/s.
National Insurance Co. & Ors.
C.L. No. 13/2010/Admin. ̳G-II': Dated 17.05.2010

While passing order in Petition for Special Leave to Appeal (Civil) Nos. 1180111804 of 2005 - Jai Prakash Vs. M/s. National Insurance Co. & Ors. The Hon'ble Apex
Court has observed that:
―.....All Claims Tribunals in his State to register the reports of accidents received
under section 158(6) of the Act as applications for compensation under Section