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Government of Andhra Pradesh and anr. Vs. Anne Venkatesware and ors.
Supreme Court of India
Feb-17-1977
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 428; Prisons Act, 1894 - Sections 3(5) and 59; Indian Penal Code (IPC), - Sections 120-B, 121-A, 395 and 447; Preventive Detention Act; Internal Security Act; Preventive Detention Law
AIR1977SC1096; 1977CriLJ935; (1977)3SCC298; [1977]3SCR7
Rao and N.V. Krishnaiah are allowed to the extent indicated above. Criminal - imprisonment - Section 428 of Criminal Procedure Code, 1973 and Sections 3 (5) and 59 of Prisons Act, 1894 - whether the period of detention undergone … by N.V. Krishnaiah. The High Court rejected the petitioners prayer for setting off under Section 428 of the CrPC, 1973 the periods during which they were in preventive detention against the terms of imprisonment imposed on them on
Tag this Judgment! AI Brief & AskRaghbir Singh Vs. State of Haryana
Supreme Court of India
Sep-13-1984
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 427 and 428; Indian Penal Code (IPC), 1860 - Sections 307, 380, 411, 457 and 459; Constitution of India - Article 32
AIR1984SC1796; 1984(2)Crimes569(SC); 1984(2)SCALE365; (1984)4SCC348; [1985]1SCR724
other contention is urged.9. In the result the petition is dismissed. Criminal - investigation - Section 428 of Criminal Procedure Code, 1973 - to secure benefit of Section 428 prisoner to show that he had been detained in prison … term of imprisonment imposed on him on being convicted of the latter offence, Under Section 428 of the CrPC, 1973 (hereinafter referred to as 'the Code').2. The facts relevant for the purpose of this case are these: The
Tag this Judgment! AI Brief & AskBoucher Pierre Audre Vs. Superintendent, Central Jail, New Delhi and a ... Overruled
Delhi
Sep-27-1974
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 428
ILR1975Delhi124
convict--Provision, whether procedural and retrospective: Criminal Procedure Code, 1973, Section 428 (2)(b):; The petitioner, who was convicted when the Criminal Procedure Code of 1898 was in force, claimed that the benefit of Section 428 Cr. P.C. of 1973 should be … benefit of doubt. Audre was, however, convicted under section 380 read with section 120B of the Indian Penal Code and was sentenced to rigorous imprisonment for four years and fine of Rs. 10,000 and in default of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Pramod Isloor Vs. State of Karnataka
Karnataka
Dec-15-1989
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 428 and 433; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978
ILR1990KAR278; 1990(1)KarLJ176
writ petitioner, who was unrepresented before us, though the stake in the writ petition was his personal freedom. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) PRIOR TO AMENDMENT OF 1978 - Section 428 - Conviction & … that regard considering the importance of the claims in the writ petition that section 433 a of the code of criminal procedure, 1973 (for short 'the code'), which has come into force on 18-12-1978, requiring that a
Tag this Judgment! AI Brief & AskMaliyakkal Abdul Azeez Vs. Assistant Collector, Kerala and anr.
Supreme Court of India
Jan-17-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 428; Customs Act, 1962 - Sections 135(1); Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
AIR2003SC928; [2003]113CompCas632(SC); 2003CriLJ1215; 2003(1)CTC316; 2003(85)ECC481; JT2003(1)SC339; 2003(1)KLT557(SC); 2003(1)SCALE305; (2003)2SCC439; [2003]1SCR423; 2003(
dismissed. Criminal law - Set off of detention undergone against the sentence of imprisonment - Section 428 of Criminal Procedure Code, 1973 - Section 135 of Customs Act, 1962 - COFEPOSA Act, 1974 - Appellant convicted under COFEPOSA Act … filed.3. According to the petitioner, he is entitled to set off as provided under Section 428 of the Code of Criminal. Procedure, 1973 (in short 'the Code') for the period of detention under the Conservation of Foreign
Tag this Judgment! AI Brief & AskF.R. Jesuratnam Vs. Chief of Air Staff and ors.
Delhi
May-19-1975
Criminal
Constitution of India - Article 14; Air Force Act, 1950 - Sections 164; Code of Criminal Procedure (CrPC) , 1973 - Sections 428
1976CriLJ65; ILR1975Delhi330
sentenced under the general law by reason of section 428 of the Code of Criminal Procedure, 1973 (hereinafter called the Code), should be apicable to … pre-trial detention, which is given to a civilian who is sentenced under the general law by reason of section 428 of the Code of Criminal Procedure, 1973 (hereinafter called the Code), should be apicable to the petitioner also … by court martial - It was held that the Act was a special Law and the provisions of the Criminal Procedure Code, 1973, could not be applied to the matter by virtue of the provisions of Section 5 of the
Tag this Judgment! AI Brief & AskState of Maharashtra and anr. Vs. Najakat Alia Mubarak Ali
Supreme Court of India
May-09-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 427 and 428
AIR2001SC2255; 2001(2)ALD(Cri)142; 2001ALLMR(Cri)1519(SC); 2001CriLJ2588; 2001(3)Crimes9(SC); JT2001(Suppl1)SC279; 2001(4)SCALE71; (2001)6SCC311; [2001]3SCR600; 2001(2)LC15
expressed by my learned Brother Mr. Justice Thomas. Criminal - set off - Section 427 and 428 of Criminal Procedure Code, 1973 - accused convicted under two criminal cases - claimed set off under Section 428 in both cases … Is it permissible for him to claim the benefit of set off envisaged in Section 428 of the Code of Criminal Procedure (for short 'the Code') in both cases? As the High Court of Bombay has answered
Tag this Judgment! AI Brief & AskYogendra Bhagatram Sachdev Vs. the State of Maharashtra and Shri Shamb ...
Mumbai
Feb-07-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 313, 391, 397, 428, 428(1) and 482; Negotiable Instruments Act - Sections 138 and 139; Code of Civil Procedure (CPC) - Order 41, Rule 27
2003(2)ALD(Cri)21; III(2003)BC158; 2003BomCR(Cri)810
of thisCourt. Criminal - additional evidence - Sections 294, 313, 391, 397, 428, 428 (1) and 482 of Criminal Procedure Code, 1973, Sections 138 and 139 of Negotiable Instruments Act and Order 41 Rule 27 of Code of Civil … A.S. Aguiar, J.1. By this application, presumably under Section482 of the Code of Criminal Procedure, 1973, theapplicant seeks to invoke the exercise of powersvested … onthe record he should have, instead ofdirecting a retiral and reopening the entireproceeding, resorted to the procedureprescribed by Section 428(1) of the Code ofCriminal Procedure. There is no doubt that ifthe ends of justice require, the appellantCourt should
Tag this Judgment! AI Brief & AskK.C. Dass and Vs. State
Delhi
Apr-25-1978
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 428
1979CriLJ362; 14(1978)DLT16B
It relates to set off of the period of detention undergone by the accused under s. 428 of the Criminal Procedure Code, 1973. (2) The three accused in the three writ petitions were convicted of crimes in more cases than … detention undergone by the accused under s. 428 of the Criminal Procedure Code, 1973. (2) The three accused in the three writ petitions were convicted … light of opinion expressed by us. The petitioners may be informed in jail. Criminal Procedure Code (1973) - Section 428--Benefit of set off in a second trial in sentence.; In the instant cases, the petitioners prayed for the
Tag this Judgment! AI Brief & AskAshok Kumar Alias Golu Vs. Union of India and Others
Supreme Court of India
Jul-10-1991
Constitution
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
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 … decision of this Court in Bhagirath v. Delhi Administration : 1985CriLJ1179 where-under this Court extended the benefit of Section 428 of the Code even to life convicts, the ratio in Gopal Godse v. State of Maharashtra : 1961CriLJ736a
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