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Supreme Court of India

Vikas Yadav v. State of U.P. and Ors. Etc. Etc.

Neutral citation
Reported as [2016] 8 S.C.R. 872
Bench Dipak Misra and C. Nagappan JJ.
Decided 3 October 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out.

Judgment, page 57

From the headnote

Sentence/Sentencing: Fixed term sentence - Imposition of, permissibility - Held: It is within the domain of judiciary to direct that convict shall suffer actual incarnation for a specific period- Fixed term sentence cannot be said to be unauthorised in law. Principle of sentencing - Held: The appellate court cannot impose a sentence beyond the competence of the trial court - If the trial court has no jurisdiction to impose a particular sentence, the High Court as a "Court of error" cannot pass a different harsher sentence. Sentencing in multiple offences - Concurrent or consecutive - In the

Authorities it was built on

Where later benches applied it

Of those, 3 referred to

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