Judgment Search Results Home > Cases Phrase: guilty plea Court: jammu and kashmir Page 1 of about 2,466 results (0.105 seconds)

Abdullah Jhat and anr. Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1999CriLJ3034

..... again, discretion vested with the court under section 270, code of criminal procedure, 1989 should have been exercised in favour of holding the trial rather than convicting him on his plea of guilty looking to the serious nature of the case, state of the accused and his habitat. ..... thus, there is non-compliance of mandatory requirement of the provision vitiating the plea of guilty recorded by the sessions judge causing violation of law, serious prejudice to the accused and resulting in vitiating the trial.19. ..... section 271, criminal procedure code, though directs that a plea of guilty shall be recorded, but does not say that the accused shall be convicted thereon, but only that he may be so convicted, it is left to the discretion of the presiding judge in each particular case to determine whether in spite of the plea it is or is not desirable to enter upon the evidence. ..... an accused may legitimately harbour under the impression that every type of homicide would amount to murder and if under that impression he pleads guilty to a charge of murder, it would be no plea in the eyes of law on which a conviction under section 302 i.p.c. ..... the more grievous is the nature of the charge to which the accused is required to plead guilty, the more care and circumspection is expected to be exercised by the court in accepting and acting upon the plea of guilty.the first duty of the court before accepting a plea of guilty is to satisfy itself with respect to the voluntary nature of the plea. .....

Union of India (Uoi) and ors. Vs. Bipan Lal and anr.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ618

..... advise him to withdraw that plea if it appears from the summary of evidence (if any) or otherwise that the accused ought ..... (2) if an accused person pleads 'guilty' that plea shall be recorded as the finding of the court; but before it is recorded, the court shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty and of the charge to which he has pleaded guilty and of the difference in procedure which will be made by the plea of guilty, and shall ..... general plea of 'guilty' or 'not guilty' :- (1) the accused person's plea - 'guilty' or 'not guilty' (or if he refuses to plead, or does not plead intelligible either one or the other, plea of 'not guilty') - shall be recorded on each charge. .....

Kuldip Singh Vs. State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1962CriLJ333

..... the accused admitted his guilt and a plea of guilty was recorded by the magistrate. ..... if the trial magistrate merely mentions that the accused pleaded guilty it would not show whether the accused understood the ingredients of die offence and admitted those ingredients constituting the alliance. ..... but it appears from the record that he pleaded guilty. .....

Rattan Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ394

..... officer as may be prescribed may, subject to any rules made under this act, award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments to any member of the force whom he considers to be guilty of disobedience, neglect of duty, or remissness in the discharge of any duty or of other misconduct in his capacity as a member of the force, that is to say,-(a) reduction in rank,(b) fine of any amount not exceeding one month's pay ..... the accused shall then be rexamined and his statement recorded by the inquiry officer and if the accused has pleaded guilty and does not challenge the evidence on record, the proceedings shall be closed for orders, if he pleads 'not guilty' he shall be required to file a written statement and a list of such witnesses as he may wish to cite in his defence within such period, which shall in any ..... the inquiry the accused shall be asked to enter a plea of 'guilty' or 'not guilty', after which evidence necessary to establish the charge shall ..... respondents have stated that after recording the second plea of 'guilty/not guilty', petitioner was directed to submit his written statement and list of defence witnesses, if any, and petitioner submitted a defence statement containing 32 ..... authorities mentioned therein are empowered to award punishment of dismissal or suspension to the member of the force who is found guilty and in addition to, or in lieu thereof, the minor punishments mentioned in clauses (a) to (e) may also be .....

Lt. Col. S.K.Singh Vs. Union of India and ors

Court : Jammu and Kashmir

..... (c) applicability of the army act section 122 to the charge/charge sheet or the offence per se (2) the court decides that the plea of the defence to raise preliminary objections in respect of plea in bar under army rule 53 read with army act section 122 is disallowed as the subject matter contained in the charge no.1 and 3 of the charge sheet b-2 are same as the facts endorsed in the directions of the general ..... accused, at the time of his general plea of guilty or not guilty to a charge for an offence, may offer a plea in bar of trial on the ground that : (a) he has been previously convicted or acquitted of the offence by a competent criminal court or by a court-martial, or has been dealt with summarily under sections 80,83,84 and 85, as the case may be, for the ..... the order issued for convening general court- martial was issued after the period of three years and it is for this reason that the plea of trial being time barred in terms of section 122 was upheld by the hon ble supreme court in that case. ..... (ii) quash the order dated 27-03-2012 passed by the general court martial whereby the plea in bar offered by the petitioner with respect to time barred charges has been disallowed that too without affording an opportunity of being heard. .....

Ghulam Mohd. Dar Vs. State

Court : Jammu and Kashmir

Reported in : 1960CriLJ1083

..... feel perfectly certain in my own mind that the accused never intended by his plea of guilty to admit more than that the facts alleged against him-were true. ..... find out whether there was a plea of guilty or not the court; must have the exact words of, the accused person and cannot be content with what the magistrate thought was the effect of those words.this apart, the magistrate appears to have been in error in thinking that mere admission of the accused that the facts mentioned in the complaint are correct is tantamount to a plea of guilty. ..... it is clear that the trial magistrate based the conviction on the plea of guilty said to be entered by ghulam mohd. ..... the circumstances, the high court of madras held that conviction on the plea of guilty could not be sustained. ..... presence of these words in the report does not and cannot justify the inference that the accused person, because he admitted the facts mentioned in the report, also admitted that he was guilty of the offence under sections 42/123 of the motor vehicles act. ..... that case the accused was convicted of culpable homicide not amounting to murder on his own plea of guilty. ..... deal with the plea of guilty. ..... was based on a plea of guilty. ..... requires that the magistrate ought to enter the plea of the accused and his examination (if any).in the present case, this was not done and the result has been avoidable confusion ..... it is difficult to overlook the importance of recording tile plea of an accused person in his own words wherever that .....

Major A.J. Anand Vs. State

Court : Jammu and Kashmir

Reported in : 1960CriLJ1453

..... which are triable by court-martial and it may foe reproduced as under :subject to the provisions of section 70, any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section, shall be liable to be tried by a court martial and, on conviction, be punishable as follows....'civil offence' is defined in section 3(ii) of the army act as follows:civil offence' ..... . it has been further argued by the advocate general that under section 86 part ii, the petitioner was asked to produce the registration certificate and he failed to do so.he is, therefore, guilty of non production of registration certificate and has been rightly convicted under part ii of section 86 ..... . the learned advocate general has argued that the accused pleaded guilty to the offence as is clear fr6m the statement recorded by the mobile magistrate and it should be presumed that all the ingredients of the offence were admitted by the accused.this contention is without any force ..... . the plea of guilty only amounts to an admission that die accused committed the acts alleged against him; and not an admission of the guilt under a particular section of the act ..... . he pleads guilty or not guilty to the facts, alleged to disclose an offence under that section .....

Dev Anand Singh Vs. Union of India and ors.

Court : Jammu and Kashmir

Reported in : 1987CriLJ8

..... the maximum punishment provided under section 63 of the army act is to the effect:which may extend to seven years or such less punishment as is in this act mentioned.whereas under section 69 if the person is guilty of a civil offence tried by a court martial on conviction under sub-section(a):section 69(a) if the offence is one which would be punishable under law in force in india with death or with transportation, he shall be liable to ..... learned counsel for the respondents submits that as pointed out in the counter affidavit and also duly supported on record that the plea of guilty is based on a voluntary confession and also stands corroborated by other evidence on record, which was taken in the presence of ..... trial the petitioner voluntarily made a plea of guilty in respect of both the charges levelled ..... as well as of section 133 of the evidence act are violated, the finding of guilty is based on an alleged retracted confession made to a person in authority which stood uncorroborated and caused substantial failure of justice, and(iii) that the petitioner has already undergone seven years of imprisonment, he is entitled ..... the petitioner was found by the general court martial guilty of offences under sections 63 and 69 of the army act and section 3(1)(c) of the indian ..... said authorities, it was incumbent on the general court martial to comply with the provisions of section 133 of the evidence act, which stands violated in basing the conviction of the petitioner on the plea of guilty! .....

Laxman Dass Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ61

..... charge is to be read out to the delinquent employee and copy of it given to him at least 48 hours before the commencement of the enquiry; that at the commencement of the enquiry the delinquent is to be asked to enter a plea of 'guilty' or 'not guilty' after which evidence, either oral or documentary, which may be material to the charge is to be let in; that the documents relied upon in support of the charge are to be put in evidence as exhibits and before putting up his defence ..... delinquent is to be allowed to inspect such exhibits and he then is to be examined by the officer conducting the enquiry; that if the delinquent pleads guilty and does not challenge the evidence or record, the proceedings are to be closed for orders, but if he pleads 'not guilty' he is to be asked to file written statement and a list of defence witnesses within a fortnight; that in case delinquent declines to file written statement he is again to be ..... moreso, enquiry officer going to meet petitioner in central jail jammu, reading of charge and asking him to plead 'guilty' or 'not guilty', asking him to accept memorandum of charge; holding departmental enquiry exparte and examining prosecution witnesses without associating petitioner or giving him opportunity of hearing or to engage a counsel of his choice ..... crpf kohima accepted the report of the first court of inquiry holding petitioner guilty of charge but he directed to conduct departmental enquiry only after petitioner is .....

Raj Kumar Vs. Union of India and Others

Court : Jammu and Kashmir

..... on the plea of guilty after satisfying the requirement of rule 142 and rule 143, the ssfc has recorded the sentence to be dismissed from service . 11. ..... in the ssfc proceedings, a friend has been appointed for him, interpreter has been provided then on arraignment when he pleaded guilty, its effect has been explained to him. ..... when petitioner has pleaded guilty, procedure prescribed under rule 142 and rule 143 has been followed. ..... his contention that he has not signed for having pleaded guilty is totally uncalled for. ..... the petitioner on arraignment has pleaded guilty of both the charges. ..... it is recorded that the accused having pleaded guilty of the charges which the court read and explained to the accused the meaning of that charge to which he has pleaded guilty. ..... he was also informed about the general effect of that plea, and the action to follow consequent to the said plea. ..... it was ascertained that the accused understands the nature of the charges to which he has pleaded guilty. .....