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Ashok Kumar Alias Golu Vs. Union of India and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A

Reported in : AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858

certain provisions of the Indian Penal Code (Amendment) Bill were interlinked with Section 433A of the Code.7. Assuming the Criminal Procedure Code (Amendment) Bill and the Indian Penal Code (Amendment) Bill were intended to provide an intergrated scheme of legislation, … Sentences) Rules, 1958, (hereinafter alluded to as 'the 1958 Rules') notwithstanding the insertion of Section 433A in the CrPC, 1973 (hereinafter called 'the Code') with effect from December 18, 1978, just two days before his conviction. His grievance … more Clause (d) after Clause (c) in Sub-section (2) thereof and at the same time recommended deletion of Section 303, I.P.C. It also recommended substitution of the existing Section 57, I.P.C., by a totally new section, the proviso

T. Suthendraraja and Another Vs. State of Tamil Nadu and Others

Court : Chennai

Subject : Criminal

Acts : Constitution of India - Articles 21, 22, 22(1), 39, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 303, 304 and 304(2); Tada - Sections 15

Reported in : 1995CriLJ1496

by sub-section (2) of Section 304 of the Code of Criminal Procedure, 1973, the High Court, with the previous approval of the Government of Tamil … already prescribed under Rule 9 of the Legal Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of Government depending upon the nature, importance … Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of … Rules above cited. The Division Bench observed that the fundamental right enshrined in Article 22(1), as reflected by Section 303, Cr.P.C. cannot be observed merely in textual spirit. We must take a pragmatic approach if the said Article

Santosh Kumar Satishbhushan Bariyar Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Arms Act - Sections 4 and 25; Evidence Act - Sections 30; Criminal Law (Amendment) Act, 1952; Indian Penal Code (IPC) - Sections 1, 11(2), 33, 120B, 201, 302, 303, 306(1), 306(4), 307, 363, 364A and 387; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 235(2), 306, 306(4), 306(5), 307, 354(3), 366 and 427(2); Constitution of India - Articles 14, 21, 72(1) and 161

Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC); [2009] 9 SCR 90

to Kumar Gaurav (PW 1).28 . Sections 306 and 307 of the Code of Criminal Procedure, 1973, which are relevant for our purpose, read as … to be read with Article 21 and 14.Pre-sentence Hearing and 'Special Reasons'57. Under Section 235(2) and 354(3) of the Criminal Procedure Code, there is a mandate as to a full fledged bifurcated hearing and recording of 'special reasons' if the … another term of imprisonment for life to run consecutively with the previous one.51. Mandatory death punishment (prescribed under Section 303 of Indian Penal Code) was stuck down as unconstitutional by this Court in Mithu v. State of Punjab

Somappa Hanamantappa Vs. State of Karnataka

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 303; Constitution of India - Articles 22 and 39A

Reported in : ILR1986KAR1766

defence through the Counsel of his choice.Criminal Revision Petition does not survive and it is accordingly, disposed of. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 303 -- Accused should have opportunity of defence by … person accused of an offence before a Criminal Court or against whom the proceedings are initiated under this Code may have his right to defend by a Pleader of his choice. That right, therefore, should not be

Tehsildar Singh Vs. State of M.P. and anr.

Court : Madhya Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 303 and 304; Indian Penal Code (IPC) - Sections 34, 294 and 307; Constitution of India - Article 22(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 340 and 340(1)

Reported in : 1995CriLJ1678

to consult, and to be defended by, a legal practitioner 01 his choice.' It is further contended that the Criminal Procedure Code under Section 303 of Cr.P.C. also makes a similar provision. The Section 303 of the Cr.P.C. may be … to be defended by, a legal practitioner 01 his choice.' It is further contended that the Criminal Procedure Code under Section 303 of Cr.P.C. also makes a similar provision. The Section 303 of the Cr.P.C. may be … own choice. Similar provision finds place in the Code of Criminal Procedure, 1973 as well. Section 303 of the Code also gives this right to

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

of an offence in a criminal case is entitled to be defended, as of right, by an Advocate'. Section 303 of the new Criminal Procedure Code, 1973, also, confers 'a right on a person, accused of an offence … Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented

Mithu Vs. State of Punjab

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - Sections 121, 121-A, 122, 124-A, 125, 128, 130, 131, 132, 194, 222, 225, 232, 238, 255, 300, 302, 303, 304, 305, 307, 311, 313, 314, 326, 329, 363-A, 364, 371, 376, 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 472, 474, 475, 477, 489-A, 489-B, 489-D and 511; Constitution of India - Articles 14 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 397, 397(2) and 427(2)

Reported in : AIR1983SC473; 1983CriLJ811; 1983(1)Crimes957(SC); 1983(1)SCALE331; (1983)2SCC277; [1983]2SCR690

was to run concurrently with the previous sentence of transportation. It was in 1955 that Section 397 of the Criminal Procedure Code of 1898 was replaced by a new Section 397 by Amendment Act 26 of 1955. Under the new … imprisonment or the sentence of death. The normal sentence for murder is life imprisonment. Section 354(3) of the CrPC, 1973 provides:354(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for … 1. The question which arises for consideration in these proceedings is whether Section 303 of the Indian Penal Code infringes the guarantee contained in Article 21 of the Constitution which provides that

Pratap Vs. State of U.P. and ors.

Court : Supreme Court of India

Subject : Criminal

Reported in : AIR1973SC786; 1973CriLJ565; (1973)3SCC690; [1973]3SCR136

Matched in: Citation AIR1973SC786; 1973CriLJ565; (1973)3SCC690; [1973]3SCR136

A.G. Gaggar Vs. State and anr.

Court : Delhi

Subject : CriminalCompany

Acts : Companies Act, 1956 - Sections 159, 161, 162, 220, 220(3), 303(2) and 303(3); Negotiable Instruments Act, 1861 - Sections 138; Reserve Bank of India Act; Code of Criminal Procedure (CrPC) , 1973 ( CrPC ) - Sections 482

Reported in : 2008BusLR262(Del)

S. Muralidhar, J.1. Crl.M.C. No. 5673 of 2005 is an application under Section 482 of the Code of Criminal Procedure, 1973 ( CrPC ) seeking the quashing of proceedings against the Petitioner in Complaint Case No. 272 of … to enquire into the correctness of Form 32 filed by the Petitioner in September 1998. In terms of Section 303(2) Form 32 had to be filed by the company; its filing by the Petitioner was to no avail.

Ranjit Singh Vs. Union Territory of Chandigarh and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 32; Indian Penal Code (IPC), 1860 - Sections 302 and 303; Code of Criminal Procedure (CrPC) , 1973 - Sections 122 and 427

Reported in : AIR1991SC2296; 1992(40)BLJR929; 1991CriLJ3354; JT1991(3)SC550; 1991(2)SCALE396; (1991)4SCC304; [1991]3SCR742

is the true meaning of Sub-section (2) of Section 427 of the CrPC, 1973 and its effect.2. For an offence of murder committed on 17.9.1978 … under the relevant provisions of the Indian Penal Code or the CrPC, a prisoner sentenced to life … question arising for decision by us is the true meaning of Sub-section (2) of Section 427 of the CrPC, 1973 and its effect.2. For an offence of murder committed on 17.9.1978 the petitioner, Ranjit Singh, was convicted under … this Court's above quoted direction in the judgment dated 30.9.1983 passed in Criminal Appeal No. 418 of 1982 while affirming the conviction under Section 302 … for first murder, he was tried for the second murder committed on October 25, 1980 and convicted under Section 303 IPC. This conviction was altered to one under Section 302 IPC and for the second murder also the