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Maru Ram and ors. Vs. Union of India (Uoi) and ors.
Supreme Court of India
Nov-11-1980
Criminal
Indian Penal Code (IPC) - Sections 55, 57, 59, 59(5), 59(27), 121, 132, 295, 302, 303, 396, 401, 432 and 433; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 5, 57, 401, 432, 432(1), 433, and 433-A; Constitution of India -Article 32;
AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196
constitutional missiles in hand and demanding liberty beyond the bars. They challenge the vires of Section 433A of the Criminal Procedure Code (Procedure Code, for short) which compels 'caging' of two classes of prisoners, at least for fourteen eternal infernal … tide of human rights (1978).5. The Objects and Reasons throw light on the 'why' of this new provision:The CrPC, 1973 came into force on the 1st day of April, 1974. The working of the new Code has been … it. The case of the petitioners is that Parliament has broken the law of the Constitution by enacting Section 433-A.2. Now, the concrete question and the back-up facts. All the petitioners belong to one or other of two
Tag this Judgment! AI Brief & AskSatya Narayan Agarwal Vs. State of Assam
Supreme Court of India
Apr-26-2007
Criminal
Prevention of Food Adulteration Act, 1954 - Sections 7 and 16(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 433
2007CriLJ3733; 2008(1)GLT(SC)14; JT2007(7)SC70; 2007(6)SCALE166; (2007)9SCC156
- Adulteration -Sections 7 and 16 (1) of Prevention of Food Adulteration Act, 1954 and Section 433 of Criminal Procedure Code, 1973 - Sample of chill powder collected from appellant's shop found adulterated - Appellant convicted for offences under … fine to Rs. 5,000/- and permitted the appellant to move the State Government under Section 433 of the Code of Criminal Procedure, 1973 (in short the 'Code').8. In N. Sukumaran Nair v. Food Inspector, Mavelikara : 1995CriLJ3651
Tag this Judgment! AI Brief & AskMrs. Surekha W/O Bibhishan Magar Vs. State of Maharashtra and anr.
Mumbai
Sep-08-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 28, 393 and 433; Indian Penal Code (IPC), 1860 - Sections 54 and 302
1996(1)BomCR318; (1995)97BOMLR448
such head.15. Rule stands absolute in the above terms. [A] Indian Penal Code, 1860 - Section 54 - Criminal Procedure Code, 1973 - Section 433 - Government Guidelines dated 18.12.1978 for premature release of Prisoners - Guideline Nos. 1a … order dated 13-8-1982, this Court confirmed the order of conviction under sections 302 and 394 of Indian Penal Code, but set aside the extreme sentence of death, and instead the husband of the petitioner was sentenced to
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
State of Rajasthan Vs. Jagdish Prasad
Supreme Court of India
Apr-29-2009
Food Adulteration
Prevention of Food Adulteration Act, 1954 - Sections 7 and 16; Code of Criminal Procedure (CrPC) , 1973 - Sections 433
2009CriLJ4298; JT2009(14)SC368; 2009(6)SCALE379; (2009)12SCC646:2009AIRSCW5104
shall formalize the matter by passing of an appropriate order under Clause (d) of Section 433 of the Code of Criminal Procedure, 1973 (in short the `Code') if the amount is deposited within a particular period. For … sentence.7. The appeal is allowed to the aforesaid extent. Criminal - Commutation of sentence - Section 433 of Criminal Procedure Code, 1973(Cr.P.C.) - Respondent was convicted by Trial Court under Prevention of Food Adulteration Act, 1954 - On appeal
Tag this Judgment! AI Brief & AskK. Manohar Rao Vs. Govt. of A.P. and Others
Andhra Pradesh
Dec-08-1998
ConstitutionCriminal
Andhra Pradesh Prisons Rules, 1979 - Sections 59(5) - Rules 8, 318, 320, 321, 324(A)(B), 326 and 351; Prisons Act, 1894 -; Constitution of India - Articles 14, 21, 32, 72 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 432 and 433-A; Essential Commodities Act, 1955; Protection of Civil Rights Act, 1955; Indian Penal Code (IPC), 1860 - Sections 55
1999(1)ALD214; 1999(1)ALT316; 1999CriLJ1551
merely because of long accumulation of remissions. Release would follow only upon an order under Section 401 of the Criminal Procedure Code, 1898, (corresponding to Section 432 of the 1973 Code) by the appropriate Government or on a clemency order … case of the petitioner cannot be considered for premature release as it falls squarely within the prohibition under Section 433-A of the Code of Criminal Procedure. Further, it is the stand of the second respondent that whatever be … to the 'remission granted by the Government under the provisions of the Code of Criminal Procedure.5. The functions of the Advisory Board are not clearly
Tag this Judgment! AI Brief & AskDamji Vs. State of Gujarat and ors.
Supreme Court of India
Sep-24-1987
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 432(1) and 433-A; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302
JT1987(4)SC70; 1990Supp(1)SCC143
attendant facts and circumstances of the case. Criminal - premature release - Sections 432 (1) and 433-A of Criminal Procedure Code, 1973 and Section 302 of India Penal Code, 1860 - petition filed before Supreme Court (SC) for premature … the State Government of Maharashtra, in exercise of the powers conferred by Sub-section(1) of Section 432 of the CrPC, 1973, purported to remit that portion of the sentence of imprisonment, which is in excess of 20 years of
Tag this Judgment! AI Brief & AskState of U.P. Vs. Sanjay Kumar.
Karnataka
Aug-19-1987
Criminal
Indian Penal Code (IPC), 1860 - Sections 376, 302; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 433(A); Constitution of India - Articles 142, 72, 161
2012(8)SCC537; 2012AIRSCW5157; JT2012(8)175; 2012(8)SCALE3
[B.S. CHAUHAN; SWATANTER KUMAR, JJ.] Indian Penal Code (IPC), 1860 - Sections 376, 302; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 433(A); Constitution of India - Articles 142, 72, 161 -- The High Court after placing … particularly placing reliance upon the confessional statement made by the respondent under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter called ‘Cr.P.C.), the trial Court vide its judgment and order dated 5.12.2009 in Sessions Trial No.
Tag this Judgment! AI Brief & AskSaleem Gudusab Naik Vs. State of Karnataka Through Belgaum Rural Polic ...
Karnataka
Apr-12-2007
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 432(5), 433 and 433A; Indian Penal Code (IPC), 1860
ILR2007KAR2695; 2007(5)KarLJ137
be communicated to the Government for compliance. Criminal - Remission of Sentence - Sections 432 and 433 of the Criminal Procedure Code and Rule 820 of the Karnataka Prison Manual, 1978 - appellant-accused has filed a memo for withdrawal of … as provided in accordance with Section 432(5) of Code of Criminal Procedure, 1973.8. We have heard the learned Counsel for the appellant who submitted that … any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person … liberty of any person or imposes any liability upon him or his property.(7) In this section and in Section 433, the expression 'appropriate Government' means, -(a) In cases where the sentence is for an offence against, or the
Tag this Judgment! AI Brief & AskEpuru Sudhakar and anr. Vs. Govt. of A.P. and ors.
Supreme Court of India
Oct-11-2006
ConstitutionCriminal
Government of India Act, 1935 - Sections 295; Evidence Act - Sections 106; General Clauses Act, 1897 - Sections 14 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 432(3), 433, 433(6), 433A, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 54, 55, 109, 302 and 304(1); Constitution of India - Articles 32, 58(2), 72, 74(2), 112(2), 161 and 356
AIR2006SC3385; JT2006(9)SC72; (2006)4MLJ1555(SC); 2006(10)SCALE98; (2006)8SCC161
from arbitrariness Criminal - Remission - Article 161 of Constitution of India - Sections 432 and 433 of Criminal Procedure Code, 1973 - Respondent No. 2 was convicted for murder - State remitted sentence of unexpired terms of 7 … 2 was altered from one under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') to Section 304(1) read with Section 109 … provides for power to suspend or remit sentences and the power to commute sentence in Section 432 and Section 433 respectively. Section 433A lays down restrictions on provisions of remission or commutation in certain cases mentioned therein. Section
Tag this Judgment! AI Brief & AskOm Prakash Vs. State (Nct) of Delhi
Supreme Court of India
Jun-05-2007
Criminal
Prevention of Food Adulteration Act, 1954 - Sections 7(1), 13(2) and 16; Code of Criminal Procedure (CrPC) , 1973 - Sections 433
JT2007(8)SC539; 2007(8)SCALE406; (2007)5SCC370
The learned Additional Sessions Judge held that the commutation of sentence under Section 433 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.) was a matter within the discretion of State Government. The appellant filed criminal … of sentence. The learned Additional Sessions Judge held that the commutation of sentence under Section 433 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.) was a matter within the discretion of State Government. The
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