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Jul 27 2006

Daljit Singh and ors. Vs. State of Punjab Through Secretary Home Affai ...

Court : Supreme Court of India

Decided on : Jul-27-2006

Subject : Criminal

Acts : Probation of Offenders Act, 1958 - Sections 3, 4 and 12; General Clauses Act - Sections 8(1); Indian Penal Code (IPC), 1860 - Sections 34, 307, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 360(10) and 361

Reported in : JT2006(7)SC98; 2006(7)SCALE421; (2006)6SCC159

the Probation of Offenders Act, 1958 (in short the 'Probation Act') and Section 360 of the Code of Criminal Procedure Code, 1973 (in short the 'Code').Per contra learned Counsel for the respondent-State submitted that looking at the gravity of … stipulation for alleged commission of offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). They were also convicted in terms of Section 324 read with Section 34

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Mar 21 1996

Smt. Gian Kaur Vs. State of Punjab

Court : Supreme Court of India

Decided on : Mar-21-1996

Subject : CriminalConstitution

Acts : Constitution of India - Articles 14 and 21; Indian Penal Code (IPC), 1860 - Sections 107, 306 and 309; Probation of Offenders Act, 1958 - Sections 562; Code of Criminal Procedure (CrPC) ; Suicide Act, 1961; Code of Criminal Procedure (CrPC) , 1973 - Sections 360;

Reported in : AIR1996SC1257; 1996(1)ALD(Cri)102; 1996(1)ALT(Cri)535; 1996(2)BLJR809; 1996CriLJ1660; 1996(1)CTC454; (1996)2GLR563; (1996)2GLR563; JT1996(3)SC339; 1996(2)SCALE881; (1996)2S

Offenders Act, 1958 or Section 562 of the Code of Criminal Procedure, 1908 corresponding to Section 360 of the Criminal Procedure Code, 1973 : Mt. Bamkat v. Emperor :AIR (1934) Lah. 514; Emperor v. Dwarka Pooja :14 Bom. L.R. 146; … Gian Kaur and her husband Harbans Singh were convicted by the Trial Court under Section 306, Indian Penal Code, 1860 (for short 'IPC') and each sentenced to six years R.I. and fine of Rs. 2,000, or, in

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Sep 15 1976

Prem Ballab and anr. Vs. the State (Delhi Admn.)

Court : Supreme Court of India

Decided on : Sep-15-1976

Subject : CriminalFood Adulteration

Acts : Code of Criminal Procedure (CrPC) 1973 - Sections 360; Prevention of Food Adulteration Act, 1954 - Sections 2, 7, 16 and 20AA; Probation of Offenders Act, 1958

Reported in : AIR1977SC56; 1977CriLJ12; (1977)1SCC173; [1977]1SCR592

in the Probation of Offenders Act, 1958 or Section 360 of the CrPC, 1973 shall apply to a person convicted of an offence under the … in the Probation of Offenders Act, 1958 or Section 360 of the CrPC, 1973 shall apply to a person convicted of an offence under the … Section 20AA providing that nothing contained in the Probation of Offenders Act, 1958 or Section 360 of the CrPC, 1973 shall apply to a person convicted of an offence under the Act unless that person is under eighteen … them on probation.10. We accordingly confirm the conviction and sentence recorded against the appellants and dismiss the appeal. Criminal - evidence - appellant contended conviction as bad as it rested solely on evidence of two food inspectors

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Mar 02 2007

Mustufa Suleman Kuskiwala Vs. State of Gujarat

Court : Gujarat

Decided on : Mar-02-2007

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3 and 7; Probation of Offenders Act, 1958 - Sections 4, 6 and 18; Prevention of Food Adulteration Act; Essential Commodities Act, 1958; Criminal Procedur Code , 1973 - Sections 360 and 361; Indian Penal Code; Gujarat Essential Article (Licence, Control and Stock Declaration), Order, 1981 - Sections 18(4), 18(7), 26 and 23

Reported in : (2007)3GLR2597

scheme of Section 360 read with Section 361 of Criminal Procedure Code, 1973. The appellant-accused shall execute the bond of good conduct before the concerned … learned Special Judge and as regards the conviction part is concerned, had granted benefit of Section 360 of Criminal Procedure Code to an accused who found guilty of the offence punishable under the Essential Commodities Act. In subsequent decision … given the benefit of Probation of Offenders Act under the provisions of Section 360 and 361 of the Code of Criminal Procedure, because though minimum punishment is prescribed for the offence held proved against the accused, there

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Oct 05 2007

Raisangbhai Somajibhai Damor and anr. Vs. G.K. Nisarata, Nayab Mamlatd ...

Court : Gujarat

Decided on : Oct-05-2007

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3 and 12AA; Probation of Offenders Act, 1959 - Sections 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 361 and 374; Arms Act, 1959 - Sections 25(IB)

Reported in : (2008)2GLR1377

this would not in any way affect the issue of the applicability of Sections 360 and 361 of the Criminal Procedure Code, 1973 to the sentencing process. Therefore, even though, a special act may provide the sentence for offence whether … The appellant-original convicts have preferred present appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and … 2005 (10) SCC 330. He has submitted that in this cited decision the accused was given benefit of Section 360 read with Section 361 of Criminal Procedure Code instead of serving substantive sentence. It would be proper to

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Mar 24 1977

Atma Ram Vs. State

Court : Delhi

Decided on : Mar-24-1977

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 360

Reported in : ILR1977Delhi718

not directory need not be considered.(13) For the reasons stated above the application fails and is hereby dismissed. Criminal Procedure Code (1973) - Section 360--Whether retrospective--petitioner convicted and conviction confirmed in appeal under the old Code--revision petition filed after … prayed that judgment dated August 4, 1976 be reviewed in that the provisions of Section 360(1) of the Code of Criminal Procedure, 1973 (hereinafter called the 'new Code') were not taken into consideration in coming to the

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Apr 26 2004

State Through S.P., New Delhi Vs. Ratan Lal Arora

Court : Supreme Court of India

Decided on : Apr-26-2004

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 1(3), 7, 13, 13(1), 13(2), 19, 28 and 40; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Prevention of Corruption Act, 1947 - Sections 5(2); Probation of Offenders Act, 1958 - Sections 18 and 19; General Clauses Act, 1897 - Sections 8; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Reformatory Schools Act, 1897 - Sections 31; Customs Act, 1962; Customs Act, 1878; Central Excise Act, 1944 - Sections 12; Indian Mines Act, 1923 - Sections 2; Indian Mines Act, 1952 - Sections 2; Defence of India Rules - Rule 126P(2); Defence of India Act, 1962 - Sections 43; Coal Mines Provident Fund and Bonus Schemes Act, 1948

Reported in : AIR2004SC2364; 2004(1)ALD(Cri)1011; (2005)1CALLT24(SC); 2004CriLJ2105; 111(2004)DLT250(SC); JT2004(5)SC352; 2004(5)SCALE67; (2004)4SCC590; 2004(3)SLJ331(SC)

period of sentence. Criminal - Prevention of Corruption Act, 1988 - Sections 7, 13, 13(1), 13(2), 19 - Criminal Procedure Code (CrPC), 1973 - Section 360; Prevention of Corruption Act, 1947 - Section 5(2); Probation of Offenders Act, 1958 - Sections

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Jan 25 1979

Dilbag Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Jan-25-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 248(2) and 360; Indian Penal Code (IPC) - Sections 34, 302, 304, 323 and 324

Reported in : AIR1979SC680; 1979CriLJ636; (1979)2SCC103; [1979]2SCR1134

re-socializing the criminal. The sentence hearing for which the Criminal Procedure Code, 1973 provides in Section 248(2) and Section 235(2) has hardly received the serious … experience, from police arrest to prison trauma. The focus in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits failed, was that the compassion of … in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits … and the grievance pressed by counsel, when traditional grounds on the merits failed, was that the compassion of Section 360 professionally suffering benign neglect, be kindled and he be released. Enacted law is guilty of inaction, because its

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Jul 06 2006

Chhanni Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Jul-06-2006

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 147, 149, 304 and 323; Probation of Offenders Act, 1958 - Sections 3, 4 and 12; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 360(1) and 361; ;General Clauses Act - Sections 8(1)

Reported in : AIR2006SC3051; 2006CriLJ4068; JT2006(6)SC169; 2006(II)OLR(SC)496; RLW2007(1)SC429; 2006(6)SCALE550; (2006)5SCC396

Act, 1958 (in short the 'Probation Act') or in the alternative under Section 360 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The High Court noted that there was no provision for permitting modification of … was convicted for the offences punishable under Sections 304 Part II, 323/149 and 147 of the Indian Penal Code, 1860 (in short the 'IPC'). He was sentenced to five years RI on the first count and six

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Apr 10 2000

In Re: Writer Constable 1626 Damber Bahadur Chhetri and ors.

Court : Sikkim

Decided on : Apr-10-2000

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 304, 320, 323, 325, 335 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 377, 377(1), 386, 397, 401, 401(4), 423, 435 and 439

Reported in : 2001CriLJ3003

in exercise of suo motu revisional powers under Section 397 read with Section 401 of the Code of Criminal Procedure Code, 1973 (in short in Cr.P.C.) in order to be satisfied as to the correctness, legality and propriety of … motu revisional powers under Section 397 read with Section 401 of the Code of Criminal Procedure Code, 1973 (in short in Cr.P.C.) in order to … I am of the opinion that the accused persons should be given the benefit of the provision of Section 360 of the Code of Criminal Procedure, 1973.I, therefore, order that each of the accused persons be released on

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