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Sstate Vs. Mohd. Afzal and ors.
Delhi
Oct-29-2003
Criminal
Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307
2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
POTA and TADA--Prevention of Terrorists Activities Act, 2002, Section 3(1)--Terrorist & Disruptive Activities (Prevention) Act, 1987, Section 3(1). ;Criminal Procedure Code, 1973 - Section 218--Framing of charge--Section 218 embodies the fundamental principle of criminal law that the accused person … After all, the identification parade belongs to the stage of investigation and there are no provisions in the Code of Criminal Procedure which make it mandatory for the Investigating Agency to conduct a test identification parade, nor … read pedantically to provide escape route to an accused. ;Sections 366, 367, 368--Death sentence--Confirmation--Power of High Court--Scope of these three sections has been interpreted by
Tag this Judgment! AI Brief & AskDalbir Singh and ors. Vs. State of Punjab
Supreme Court of India
May-04-1979
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 366(1), 368 and 374(2); Indian Penal Code (IPC), 1860 - Sections 302; Constitution of India - Article 141
AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059; AIR 1979 SC 1384
death sentence - Sections 235 (2), 354 (3), 366 (1), 368 and 374 (2) of Criminal Procedure Code, 1973, Section 302 of Indian Penal Code, 1860 and Article 141 of Constitution of India - appeal against death sentence … judicial extinguishment of two precious Indian lives. Section 302 of the Penal Code, read with Section 354(3) of the Criminal Procedure Code, demands special reasons for awarding the graver sentence, and to borrow the reasoning in Rajendra Prasad's case.'Special reasons' … circumscribe the connotation of 'special reasons' mentioned in Section 354(3) of the CrPC by indulging in classification of murders such as white collar offences and
Tag this Judgment! AI Brief & AskHussainara Khatoon and ors. Vs. Home Secretary, State of Bihar, Patna
Supreme Court of India
Feb-26-1979
Criminal
Indian Penal Code (IPC) - Sections 363, 368 and 395; Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2), 167(5), 468 and 468(2)
1979(0)BLJR600; (1980)1SCC93; [1979]3SCR393; 1979(11)LC775(SC)
and 395 of Indian Penal Code, 1860 and Sections 167 (2), 167 (5), 468 and 468 (2) of Criminal Procedure Code, 1973 - petitioners detained in judicial custody for more than two years - investigation not completed by police … there, are being produced periodically before the Magistrate as required by the proviso to Section 167(2) of the CrPC, 1973. We should like to know from the Government in a proper affidavit to be filed before us on … February, 1979. He is accused in a case under Section 363 and 368 of the Indian Penal Code and he was committed to the court
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Md. Faizan Ahmad Alias Kalu. Vs. the State of Bihar.
Supreme Court of India
Jan-03-2013
Criminal
Indian Penal Code (IPC), 1860 - Sections 364A, 149, 120B, 368; Code of Criminal Procedure (CrPC), 1973 - Section 164
2013(2)SCC131
ransom, etc. -- Indian Penal Code (IPC), 1860 - Sections 364A, 149, 120B, 368; Code of Criminal Procedure (CrPC), 1973 - Section 164 -- PW-5 Sazia, aged about 8 years, is the daughter of PW-11 Takki Imam and … Statements of PW-5 Sazia, PW-6 Shirri and PW-7 Rehan were recorded under Section 164 of the Code of Criminal Procedure, 1973 by PW-10 Nagendra Tripathi, the then Judicial Magistrate, Begusarai. Pursuant to the statement made by Dawood (A4),
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 … Article shall apply to any amendment of this Constitution made under Article 368.Article 14. The State shall not deny to any person equality before the
Tag this Judgment! AI Brief & AskAvinashkumar BhasIn Vs. Air India
Mumbai
Mar-22-2001
Service
Air India Employees Service Regulations - Regulations 32, 42, 43, 45, 48 and 48-A; Powers of Criminal Courts Act, 1973 - Sections 7, 13, 13(1) and 13(3); Misuse of the Drugs Act, 1971 - Sections 5(1); Narcotic Drugs and Psychotrophic Substances Act, 1985 - Sections 32-A, 33 and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 360 and 368; Constitution of India - Article 47
2001(3)ALLMR135; 2002(4)BomCR772; [2001(91)FLR307]; (2001)IILLJ1504Bom; 2001(3)MhLj673
shall be suspended, remitted or commuted. Section 33 denies the benefit of Section 368 of the Code of Criminal Procedure to a drug offender, which means that a drug offender cannot be ordered to be released on probation … said Act shall be suspended, remitted or commuted. Section 33 denies the benefit of Section 368 of the Code of Criminal Procedure to a drug offender, which means that a drug offender cannot be ordered to be … our attention to Section 13 of the Powers of Criminal Courts Act, 1973 as applicable in the United Kingdom. Under section 7 thereof, if a
Tag this Judgment! AI Brief & AskState of Orissa Vs. Ram Chander Agarwala and ors.
Supreme Court of India
Oct-05-1978
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 366, 366(2), 367, 368, 369, 395, 417, 424, 430, 439, 439(2), 439(6), 469(1), 484 and 561-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 401
AIR1979SC87; 1979CriLJ33; (1979)2SCC305; [1979]1SCR1114; 1979(11)LC172(SC)
439 (6), 469 (1), 484 and 561-A of Criminal Procedure Code, 1898 and Sections 362 and 401 of CrPC, 1973 - respondents found guilty in criminal cases filed against them under Section 20 (e) - District Magistrate inflicted … find any basis for the conclusion arrived at by the High Court. The notice, under Section 439(2) of the Criminal Procedure Code requires that no order, under Section 439, shall be made to the prejudice of the accused unless he … read with Section 424, it is seen that Sections 366, 367 and 368, which relate to the judgment of a criminal court of original jurisdiction,
Tag this Judgment! AI Brief & AskState of Bihar and anr. Vs. J.A.C. Saldanha and ors.
Supreme Court of India
Nov-13-1979
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420
AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16
a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case (lb). Whether the Magistrate having jurisdiction … to the right of the Court to intervene in an appropriate case when moved under Section 491 of the Criminal Procedure Code to give directions in the nature of habeas corpus. In such a case as the present, however, the … an offence was registered at Tatanagar G.R.P.S. under Sections 420/120B, 418 and 368, Indian Penal Code, and Section 165/106 of the Indian Railways Act against,
Tag this Judgment! AI Brief & AskVipul Shital Prasad Agarwal. Vs. State of Gujarat and anr.
Supreme Court of India
Nov-06-2012
Criminal
Constitution Of India - Articles 226, 227; Indian Penal Code (IPC), 1860 - Sections 302, 364, 307, 333, 334, 427, 365, 368, 193, 197, 201, 120-B, 471, 34; Arms Act 1959 - Sections 25(1)(a), 27; Code Of Criminal Procedure (CrPC) 1973 - Sections 167(2), 173(2)(i)(d), 158
(2013)1SCC197
368, 193, 197, 201, 120-B, 471, 34; Arms Act 1959 - Sections 25(1)(a), 27; Code Of Criminal Procedure (CrPC) 1973 - Sections 167(2), 173(2)(i)(d), 158 -- The Petitioner was at the relevant time posted as Superintendent of Police, … Prasad Agarwal, under Articles 226 and 227 of the Constitution, read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), being SCRMA No.2698 of 2011.2. There are certain special features in this case which need to
Tag this Judgment! AI Brief & AskRajendra Prasad Vs. State of Uttar Pradesh Overruled
Supreme Court of India
Feb-09-1979
Criminal
Indian Penal Code (IPC) - Sections 34, 84, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 129, 234, 235(2), 354, 354(3), 360, 366, 366(1), 367, 367(1), 367(5) and 368; Code of Criminal Procedure (CrPC) , 1898 - Sections 367; Constitution of India - Articles 14, 19 and 21
AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
sentencing aspect which has found prominent place in the Criminal Procedure Code, 1973, but more often ignorantly ignored, needs to be highlighted for future guidance. … the welter of the British Indian and post- Independence decisions and the impact of laconic legislative changes in the Criminal Procedure Code the competition among the retributive, deterrent, the reformative and even the existentialist theories of punishment and of statistical … demands of sentencing justice punitive infliction of death or the lesser punishment of life imprisonment, since the Penal Code leaves the critical choice between physical liquidation and life-long incarceration to the enlightened conscience and sensitized judgment of … in confirming the death sentence passed under s. 368(a) of the Code. Indeed, they are illustrative of … 302 I.P.C., has become necessitous, both because the awesome 'either/or' of the Section spells out no specific indicators and law in this fatal area cannot
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