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Raisangbhai Somajibhai Damor and anr. Vs. G.K. Nisarata, Nayab Mamlatd ...
Gujarat
Oct-05-2007
Criminal
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)
(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 … 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 reproduce the relevant Paragraphs
Tag this Judgment! AI Brief & AskMustufa Suleman Kuskiwala Vs. State of Gujarat
Gujarat
Mar-02-2007
Criminal
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
(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 … 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 … reliance on this decision this Court has granted benefit of 4 of Probation of Offenders Act, read with Section 361 of the Code of Criminal Procedure in case of Munafbhai Mohmad Arif Vohra (Supra). It is not necessary … 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
Tag this Judgment! AI Brief & AskState Vs. Ashok Kumar Pandey
Delhi
Feb-09-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 149, 354(3), 360, 361 and 366; Indian Penal Code (IPC), 1860 - Sections 302; Arms Act, 1959 - Sections 2, 5, 7, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955 - Sections 367(5)
2001IIIAD(Delhi)1; 90(2001)DLT356; 2001(58)DRJ56
Addl Sessions Judge, New Delhi in sessions case No. 10/97. The reference has been under Section 366 of the Criminal Procedure Code, 1973 (in short Cr.PC) for confirmation of the death sentence imposed upon the accused. Criminal Appeal has been … New Delhi in sessions case No. 10/97. The reference has been under Section 366 of the Criminal Procedure Code, 1973 (in short Cr.PC) for confirmation of the death sentence imposed upon the accused. Criminal Appeal has been … Code which also uses the significant expression 'Special reason'. It is Sec. 361. Sec. 360 of the 1973 Code re-enacts, in substance, Sec. 562, of
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Sushil Murmu Vs. State of Jharkhand
Supreme Court of India
Dec-12-2003
Criminal
Indian Penal Code (IPC), 1860 - Sections 149, 201 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(2), 354(3), 360, 361 and 366; Code of Criminal Procedure (CrPC) , 1898 - Sections 367(5) and 562; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955
AIR2004SC394; 2004(1)ALD(Cri)275; 2004(1)BLJR195; 2004CriLJ658; [2005(3)JCR193(SC)]; JT2003(10)SC340; 2003(10)SCALE670; (2004)2SCC338
revolving round the question of death sentence. Criminal -Indian Penal Code, 1860 - Sections 149, 201 and 302 -Criminal Procedure Code (CrPC), 1973 - Sections 354(2), 354(3), 360, 361 and 366 - A young child of 9 years was sacrificed before … 354(3). There is another provision in the Code which also uses the significant expression 'special reason'. It is Section 361. Section 360 of the Code re-enacts, in substance, Section 562 of the Criminal Procedure Code, 1898 (in short
Tag this Judgment! AI Brief & AskDaljit Singh and ors. Vs. State of Punjab Through Secretary Home Affai ...
Supreme Court of India
Jul-27-2006
Criminal
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
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 … Act and the Code wanted to obviate. Yet the legislature in its wisdom has obliged the Court under Section 361 of the Code to apply one of the other beneficial provisions; be it Section 360 of the Code … 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
Tag this Judgment! AI Brief & AskBishnu Deo Shaw Vs. State of West Bengal Overruled
Supreme Court of India
Feb-22-1979
Criminal
Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3), 360, 361, 367 and 367(5)
AIR1979SC964; 1979CriLJ841; (1979)3SCC714; [1979]3SCR355
that the mere use of adjectives like 'cruel and brutal' supplies the special reasons contemplated by Section 354(3) Criminal Procedure Code. In the light of the principles enunciated in Rajendra Prasad v. State of U.P. : 1979CriLJ792 and in … 354(3) there is another provision in the Code which also uses the significant expression 'special reasons'. It is Section 361. Section 360 of the 1973 code re-enacts, in substance, Section 562 of the 1898 Code and provides for … prescribes death or life-imprisonment as the penalty for murder. While so, the CrPC instructs the Court as to its application. The changes which the Code
Tag this Judgment! AI Brief & AskJ. Jayalalitha Vs. Her Excellency the Governor of Tamil Nadu, Raj Bhav ...
Chennai
Oct-01-1997
Criminal
Constitution of India -- Articles 77, 163, 166, 258-A and 361; General Clauses Act, 1897 -- Sections 3(60); Indial Penal Code (IPC), 1860 -- Sections 13, 21, 120-B, 169, 409, 420 and 477-A; Prevention of Corruption Act, 1988 -- Sections 19 and 30; Code of Criminal Procedure (CrPC) , 1973 -- Sections 17 and 197; Constitution of India (Seventh Amendment) Act, 1956
1998(3)CTC493
said offences:Now, therefore, under Section 197(l)(b) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Tamil Nadu hereby accords … . Deshpande, J with reference to Section 3(60) of the General Clauses Act read with Section 197 of the Criminal Procedure Code held that the State Government mean the Governor, who is the Authority to sanction the prosecution and that … Tamil Nadu, seeking sanction to prosecute the petitioner for alleged offences under Sections 169 of the Indian Penal Code as well as Section 30 of the Prevention of Corruption Act, alleging that a firm in which the … ground that the writ petition is not maintainable in view of Article 361 of the Constitution, that as against the order of the Division Bench,
Tag this Judgment! AI Brief & AskChhanni Vs. the State of Uttar Pradesh
Supreme Court of India
Jul-06-2006
Criminal
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)
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 … Act and the Code wanted to obviate. Yet the legislature in its wisdom has obliged the Court under Section 361 of the Code to apply one of the other beneficial provisions; be it Section 360 of the Code … 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
Tag this Judgment! AI Brief & AskTulsiram and ors. Vs. State of M.P.
Supreme Court of India
May-13-2008
Criminal
Indian Penal Code (IPC) - Sections 34, 147, 148, 149, 307, 323 and 325; Code of Criminal Procedure (CrPC) , 1973 - Sections 360 and 361; Constitution of India - Article 136
JT2008(6)SC537; 2008(8)SCALE142
an error of law in not considering the provisions of Sections 360 and 361 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code') which enjoin the Court to release offenders on probation of good … accused for offences punishable under Sections 307, 325, 323, 147, 148, 149 and 34 of the Indian Penal Code (IPC). After usual investigation, challan was filed in the Court of Judicial Magistrate, First Class who passed an … them.5. A case was registered against the accused for offences punishable under Sections 307, 325, 323, 147, 148, 149 and 34 of the Indian Penal
Tag this Judgment! AI Brief & AskOm Prakash Joshi, Advocate and ors Vs. State of Rajasthan and ors
Rajasthan
Jul-06-2001
Constitution
Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(4), 24(8), 35 and 321; Constitution of India - Articles 13, 13(3), 14, 16, 16(1), 124(2), 126, 162, 163, 165, 165(2), 165(3), 216, 217, 217(1), 217(2), 222, 222(1), 226, 319, 361(1), 367 and 368 ;Code of Civil Procedure (CPC), 1908 - Sections 2(7) - Order 3, Rule 4(2) and Rule 4(6); General Clauses Act - Sections 13; Advocates Act, 1961 ;
AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632
in consultation with the Sessions Judge in accordance, with the provisions of sub-section (4) of Section 24 of the Criminal Procedure Code, 1973;(3) A person shall be eligible to be appointed as Public Prosecutor or as an Additional Public Prosecutor … in accordance with the Rajasthan taw & Legal Affairs Department Manual (1999 read with Section 24 of the Code of Criminal Procedure, 1973.(c) The petitioners have not stated a single example of arbitrariness in the appointments and … General purporting to be made under Article 165 by reasons of Article 361(1) of the Constitution. Article 217(2) of the Constitution prescribes the qualifications for
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