Court : Supreme Court of India
Reported in : AIR1960SC997; [1960]40ITR17(SC); (1966)IILLJ759SC; 1996(Supp)SCC259; [1960]3SCR669
..... he undertook responsibility for the safe custody of the monies and ornaments and other valuables kept with or pledged with the bank as also for the bills of exchange, promissory notes, hundies or other securities. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(12)SC92; 2009(6)SCALE726
..... therefore while confirming the conviction, considering the period of custody already suffered by the appellant, we direct that he shall be released from custody forthwith unless he is required in custody in any other case. ..... but considering the long passage of time and period of custody, we have passed the present order.8. ..... the juvenile justice (care and protection of children) rules 2007 (hereinafter referred to as '2007 rules') were brought into force on 26th october 2007.6. ..... it appears that the high court judgment is of 26/5/2006 when the rule 97(2) as applicable was not in existence as it was brought into force in 2007 (i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1465; (1975)77PLR569; (1975)2SCC220; [1975]SuppSCR137; 1975(7)LC553(SC)
..... police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding sixty days, and on the expiry of the said period of sixty days, the accused person shall be released on bail if he is prepared to ..... but the question in this case is whether during the pendency of the investigation which started before coming into force of the new code the appellants can press into service proviso (a) to section 167(2) of that code and claim to be released on bail as a matter of right when ..... new code came into force on and from ..... repeal,-(a) if, immediately, before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the crpc 1898, as in force immediately before such commencement, (hereinafter referred to as the old code), as if this code had not come into force :15. ..... suggests, either expressly or by necessary implication, that the conviction and sentence must be after the coming into force of the new crpc.14. ..... 167(1) which will govern sub-section (2) also, is-'whenever any person is arrested', suggesting thereby that the section would be attracted when the arrest is made after coming into force of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC610; 1997(1)ALD(Cri)248; 1998(46)BLJR161; 1997CriLJ743; 1996(4)Crimes233(SC); (1997)2GLR1631; JT1997(1)SC1; RLW1997(1)SC94; 1996(9)SCALE298; (1997)1SCC416; [1996]S
..... civilised society.this court then suggested:the courts are also required to have a change in their outlook and attitude, particularly in cases involving custodial crimes and they should exhibit more sensitivity and adopt a realistic rather than a narrow technical approach, while dealing with the cases of custodial crime so that as far as possible within their powers, the guilty should not escape so that the victim of the crime has the ..... (11) a police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board ..... apart from the police, there are several other governmental authorities also like directorate of revenue intelligence, directorate of enforcement, coastal guard, central reserve police force (crpf), border security force (bsf), the central industrial security force (cisf), the state armed police, intelligence agencies like the intelligence bureau, r.a.w. ..... these would apply with equal force to the other governmental agencies also to which a reference has been made earlier ..... is also required to be paid to properly develop work culture, training and orientation of the police force consistent with basic human values. ..... the force needs to be infused with basic human values and made sensitive to the constitutional .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
..... of bad politicking, feudal crudities and sublimated sadism, sustaining itself by profound faith in man and his latent divinity and the confidence that 'you can accomplish by kindness what you cannot do by force' and so it is that the prisons act provisions and the jail manual itself must be revised to reflect this deeper meaning in the behavioral norms, correctional attitudes and humane orientation for ..... that bar-fetters were the rule of the day.the key jurisdictional preconditions are :(i) absolute necessity for fetters; (ii) special reasons why no other alternative but fetters will alone secure custodial assurance; (iii) record of those reasons contemporaneously in extenso; (iv) such record should not merely be full but be documented both in the journal of the superintendent and the history ticket ..... the prison an inmate may be placed because he is 'uncooperative', is considered dangerous or a bad influence, or for some other reason arrived at by the warden or his deputy in charge of custody.a much more recent case which bids well to become a cause clebre is that of robert stroud who has spent approximately the same period of time in 'segregation' in the federal prisons of leavenworth ..... the specific questions before us are whether the quasi-solitudinous cellular custody of sorts imposed on batra is implicit in his death sentence and otherwise valid and the heavy irons forced on the person of sobhraj still standing his trial comport with our constitutional guarantees ..... air .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1768; 1993(41)BLJR1; (1992)94BOMLR770; 1992CriLJ2768; 1992(2)Crimes310(SC); JT1992(3)SC366; 1992(II)OLR(SC)36; 1992(1)SCALE1024; (1992)3SCC141; [1992]3SCR158
..... of the kerala high court held that the initial detention of the accused by the magistrate can be only for fifteen days in the whole and it may be either police custody or judicial custody and during the period the magistrate has jurisdiction to convert judicial custody to police custody and vice-versa and the maximum period under which the accused can be so detained is only fifteen days and that after the expiry of fifteen days the ..... detention of the accused person has been made by a magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an executive magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph 2(a) of the proviso to sub-section (2); provided that before the expiry of the ..... to the case, and shall, at the same time, forward the accused to such executive magistrate, and thereupon such executive magistrate may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody, as he may think for a term not exceeding seven days in the aggregate, and, on the expiry of the period of the detention so authorised, the accused person shall be released on bail except where an order for further ..... there may be some force in this submission but the purpose of police custody and the approach of the legislature in placing limitations on this are obvious. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1202; 1990CriLJ1238; (1990)3SCC309; [1990]2SCR318
..... the constitution bench in rameshwar shaw's case : 1964crilj257 are referred to and the bench which consisted of three judges observed thus (para 19 of air):the decisions referred to above led to the conclusion that an order for detention can be validly passed against a person in custody and for that purpose it is necessary that the grounds of detention must show that (i) the detaining authority was aware of the fact that the ..... of tamil nadu : [1989]3scr901 , all these earlier cases have been referred to extensively and the conclusions are deduced as follows (para 22 of air):subsisting custody of the detenu by itself does not invalidate an order of his preventive detention and the decision must depend on the facts of the particular case, preventive detention being necessary to prevent the ..... but in the case before us the detaining authority has noted in the grounds that the petitioner along with other two accused have been remanded to judicial custody and the bail application was filed on behalf of the other two detenus and there is every likelihood of the petitioner also being released on bail and as such the ..... the other material relied upon by the detaining authority in apprehending that the detenus are likely to be released on bail is that their remand to the judicial custody was up to 20-7-89 and that the other two co-accused have also filed bail applications and they were pending and that this material is sufficient to indicate that petitioner also may ..... no force in ..... no force in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2113; JT1991(4)SC206; 1992LabIC60; 1991(2)SCALE548; 1991Supp(2)SCC367; [1991]Supp1SCR27; 1991(2)LC623(SC)
..... to age and seniority, groups; (c) the length of service of the persons concerned in the part of the state for which the local cadre is organised; (d) knowledge of the persons concerned of the languages spoken and the law in force in the part of the state for which the local cadre is organised; (e) preference of the persons concerned for allotment to any local cadre, where feasible.xx xx xxpara 5. ..... juncture it may be noted that article 371d(10) declares that any order made by the president shall have effect notwithstanding anything in any other provision of the constitution or in any other law for the time being in force. ..... state government; xx xx xx(10) the provisions of this article and of any order made by the president thereunder shall have effect notwithstanding anything in any other provision of this constitution or in any other law for the time being in force.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2925; 2003(5)ALT69(SC); 2003CriLJ3740; II(2003)DMC350SC; [2003(4)JCR61(SC)]; 2003(6)SCALE11; (2003)10SCC760; 2004(1)LC28(SC)
..... 1 filed an affidavit on 13th november, 2002 wherein she has stated that maryland circuit court has granted full custody of the child to her in october, 2002 and that her job precludes her from being able to travel to india. ..... further, in the execution petition filed before the family court, the family court passed an order holding that the failure to restore the custody of the minor child to the husband amounts to breach of the undertakings given and ordered the arrest of respondent no. ..... 3229 of 1998 before the high court of andhra pradesh at hyderabad, which was allowed and the custody of the child was given to the husband with visiting rights to the wife.5. ..... this court by order dated 15.9.1998 granted interim custody of the child to the wife with permission to take the child to usa on the condition of furnishing a written undertaking to bring the child back to india and disposed of the matter by passing the following order:-'special leave granted.looking to the age of the child, the interim custody of the child is given to the ist appellant -- mother. ..... it is to be stated that high court had directed that the custody of the child be given to the husband because respondent no. ..... the wife is not entitled to remove the custody of the minor child out of the jurisdiction of the family court at hyderabad at any time;5. ..... the wife is permitted to take interim custody of the minor child whenever she comes to hyderabad and hand over the minor to the husband while she leaves the country;4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIAD(SC)600; AIR1998SC2769; 1998(2)ALD(Cri)553; 1999(1)BLJR57; 1998CriLJ4082; 1998(3)Crimes224(SC); (1999)1GLR587; JT1998(6)SC66; RLW1999(1)SC81; 1998(5)SCALE8; (1998)6
..... found guilty of offences under the act earlier; (3) if the owner is facing the first prosecution under the act, the animal is not liable to be seized, so the owner will have a better claim for the custody of the animal during the prosecution; (4) the condition in which the animal was found at the time of inspection and seizure; (5) the possibility of the animal being again subjected to cruelty. ..... the event the magistrate not sending animals to an infirmary, he has to send them to pinjrapole pending the trial of offences against the owner under the act; that the order of the high court confirming restoration of custody of the animals to the owners in preference to the appellant-pinjrapole, which is a charitable institution and is only interested in the welfare of the animals, is violative of section 35, illegal and unsustainable.5. mr. a.k. ..... short question that arises for consideration in these appeals is: whether the order of the high court declining to grant interim custody of the animals to the appellants is contrary to section 35 of the prevention of cruelty to animals act, 1960.3. ..... that under section 35(2) of the act, the magistrate has discretion to hand over interim custody of the animal to pinjrapole but he is not bound to hand over custody of the animal to pinjrapole in the event of not sending it to an infirmary. ..... under section 29 magistrate has power to deprive a person of the ownership or custody of an animal on his conviction of offences under the act subject to certain .....
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