Model Penal Code Test - Judgment Search Results

Henderson Vs. Kibbe

Court: US Supreme Court

such an approach is suggested in the american law institute model penal code see comment 2 03 pp 133 134 of only the conviction of murder as defined in n y penal law 125 25 2 mckinney 1975 is now challenged that on the evening of december 30 1970 respondent and his codefendant encountered a thoroughly intoxicated man named stafford in a bar consideration or decision of this case footnote 1 a pathologist testified that the alcohol content in stafford s blood was indicative

Patterson Vs. New York

Court: US Supreme Court

..... 1972 wechsler codification of criminal law in the united states the model penal code 68 colum l rev 1425 1446 1968 ali model penal code 201 3 comment tent draft no 9 1959 perkins supra cf ..... are not outposts for policing the substantive boundaries of the criminal law the winship mullaney test identifies those factors of such importance historically in determining punishment and stigma that the .....

Shyama Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1977WLN278

trial court to corroborate kamla s testimony in court d penal code section 376 rape injuries on private parts of girl matter of commission of the offence of rape e penal code section 376 rape age of prosecutrix ossification test establishes her still be believed in regard to a part of his testimony if the judge finds that in the process the credit

R. S. Joshi Vs. Ajit Mills Ltd. and anr. Etc. (C.A. Nos. 533 and 1004 ...

Court: Supreme Court of India

Reported in: (1977)6CTR(SC)354

penalty plus prosecution but permits forfeiture plus prosecution the word penalty in its limited sense in section 37 1 and section one of the punishments provided for in the indian penal code for contravention of the sales tax law the section provides a is therefore legitimate and valid if we accept this test the appeals must succeed so far as this point is

Nand Kishore Sharma Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: (1977)ILLJ430Del

not accept the petitioner s case that this was a penaliy 17 the third proposition urged by the petitioner is that was to be governed by the provisions of the central civil services temporary service rules 1965 in view of the special

Vanguard Rolling Shutters and Steel Works Vs. the Commissioner of Sale ...

Court: Supreme Court of India

Reported in: AIR1977SC1505; (1977)2SCC250; [1977]3SCR165; [1977]39STC372(SC); 1977(9)LC271(SC)

between last seen and death has to be small indian penal code 1890 section 300 murder circumstantial evidence accused and victim last seen and death has to be small indian penal code 1890 section 300 murder circumstantial evidence accused and victim were contract or a contract for supply one of the important tests is to find out whether the contract is primarily a

Shanti and anr. Vs. the State

Court: Orissa

Reported in: AIR1978Ori19; 1977CriLJ2053

..... under section 302 of the indian penal code and tauli jena under section 302 120b of the indian penal code and sentenced each of them to ..... confession or the weight to be attached to it moreover the model questions suggested in that decision are only illustrative and by no ..... bound to creep in therefore it would not be appropriate to test the veracity of the evidence by giving undue emphasis on minor .....

Bhiku Ram JaIn Etc. Vs. Municipal Corporation of Delhi and ors.

Court: Delhi

Reported in: 1977CriLJ1995; ILR1977Delhi517; 1977RLR365

under sections 419 170 and 120 b of the indian penal code by the additional chief metropolitan magistrate new delhi quashed in exercise of its powers under section 482 of the code interfere with an interlocutory order passed by a court in 110 111 cr p c was challenged applying the above test the bench held that order passed by the magistrate under

Devisingh and ors. Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Reported in: AIR1978MP100; 1978CriLJ585; 1978MPLJ238

the offence of murder which is punishable under section 302 penal code falls within sub section 1 of section 4 and question before us is whether the provisions of the new code have brought about any change in this position there can not be inferred the supreme court has indicated that the test applied for determining repugnancy under article 254 of the constitution

Gurbaksh Singh Sibia Vs. State of Punjab

Court: Punjab and Haryana

Reported in: 1978CriLJ20

and ss 406 409 477a and 120b of the indian penal code was registered in the said report it was alleged anticipatory bail cannot be read into s 438 criminal procedure code 33 we have very closely perused the relevant sections of from the aforesaid facts it is plain that the larger tests which we have laid down above are not even remotely