Court : Mumbai
Reported in : AIR1959Bom332; (1958)60BOMLR515; ILR1958Bom824
..... (1)(f); and if that is so, the validity of the impugned portion of section 380 cannot be challenged having regard to the provisions of article 31(5) and (6) of the constitution of india.'in the face of this authority, therefore, there can be no question, in view of the fact that the property has been ordered to be pulled down, that ..... , that the allegation of mala fides was not made out, that the court could not interfere with the discretion exercised by the authority under section 354 and that the section was not void, notwithstanding article 19 of the constitution, as contended. feeling aggrieved by the decree, the plaintiffs have come up upon this appeal.6. upon this appeal, mr. phadke appearing for the ..... to given as regards the mala fides.30. mr. chandrachud appearing for the plaintiffs adopted the arguments of mr. phade both as regards section 354 was open to a challenge in view of article 19(1)(f) of the constitution. but with regard to the latter point mr. chandrachud, as was to be expected, took up a further point. he contended that in ..... notice to the owner or occupier requiring him either to pull down the building or to repair it. it is quite clear, therefore, that the authority issuing notice under section 354 has to ascertain certain facts objectively and then to satisfy himself. in other words, the satisfaction is his own satisfaction, i.e., the subjective satisfaction of the authority issuing notice .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; 1SCR1
..... equals must be treated equally, that is to say, that 'laws must operate equally on all persons under like circumstances seervai's constitutional law of india, third edition, p. 296'. article 14, though apparently absolute in its terms, permits the state to pass a law which makes a classification, so long as ..... the ground that hanging a convict by rope is a cruel and barbarous method of executing a death sentence, which is violative of article 21 of the constitution that article provides that :no person shall be deprived of his life or personal liberty except according to procedure established by law.3. the ..... the heavy burden which lies upon it to prove that the method of hanging prescribed by section 354(5) of the crpccrpccrpc does not violate the guarantee contained in article 21 of the constitution. the material before us shows that the system of hanging which is now in vogue consists of ..... is or can be placed by the union of india for discharging the burden which rests upon it for proving that the method of hanging prescribed by section 354(5) of the code does not violate the guarantee contained in article 21 of the constitution.62. though it must be conceded that the various ..... directly, indirectly or incidentally.84. accordingly, we hold that the method prescribed by section 354(5) of the crpccrpccrpc for executing the death sentence does not violate the provision contained in article 21 of the, constitution,85. there is one point which still remains to be considered and that is the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1325
..... court, it may not be affirmed by this court and lastly, even if affirmed by this court, it may be commuted by the president of india under article 72 or by the governor under article 161 of the constitution in exercise of the power of clemency. the possibility of execution pursuant to a sentence of death is therefore almost negligible, particularly after the enactment ..... any rational penological purpose and it is arbitrary and irrational and hence violative of articles 14 and 21 of the constitution.65. i must now turn to consider the attack against the constitutional validity of death penalty provided under section 302 of the indian penal code read with section 354 sub-section (3) of the crpccrpccrpc, 1973 on the ground that these ..... , it would be clearly invalid, whether under article 14 or article 19, 40 or article 21, whichever be applicable.17. it is in the light of these constitutional provisions that i must consider whether death penalty provided under section 302 of the indian penal code read with section 354 sub-section (3) of the crpccrpccrpc is constitutionally valid. now one thing is certain that ..... circumstances which justify, nay compel, reconsideration of the decision in jagmohan's case (supra). the first is the introduction of the new crpccrpccrpc in 1973 which by section 354 sub-section (3) has made life sentence the rule in case of offences punishable with death or in the 5 alternative imprisonment for life and provided for imposition of sentence .....Tag this Judgment!
Court : Delhi
Reported in : 1996VAD(Delhi)257; 64(1996)DLT385; 1996(39)DRJ96
..... two wore awarded death penalty. after confirmation of the findings and sentence and rejection of his petition. major budhwar had approached this court with a petition under article 226 of the constitution of india, which was also dismissed. in the writ petition filed by the other two officers in this court, they confined their challenge to the sentence imposed upon ..... s statutory petition under section 164(2) of the army act was also dismissed by the central government on 7.9.1994. feeling aggrieved this petition under article 226 of the constitution of india was preferred on 12.12.1994 seeking writ, order or direction, including a writ in the nature of certiorari for quashing the order of conviction and ..... code of criminal procedure and in the alternative, in case provisions of sub- section (3) of section 354 of criminal procedure codecriminal procedure codecriminal procedure code . would not apply to a trial by a general court martial; in view of article 21 of the constitution of india as a fair, just and reasonable procedure it would be necessary to record reasons in a case where general ..... recording any reasons what to say the special reasons, as envisaged in section 354(4) of the criminal procedure codecriminal procedure codecriminal procedure code ., while imposing sentence of death, since it will be open for the high court, when matter is brought before it under article 226 of the constitution of india for a judicial review to examine the question of penalty of death that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC309; 1996(1)ALD(Cri)1; 1995(2)ALT(Cri)720; 1996(1)BLJR99; 1996CriLJ381; 1995(4)Crimes171(SC); JT1995(7)SC299; 1996(6)KarLJ205; 1995(5)SCALE670; (1995)6SCC194; [199
..... and in what categories of cases the high court can quash an f.i.r. or a complaint in exercise of its powers under article 226 of the constitution of india or under section 482 cr. p.c. has been engaging the attention of this court for long. indeed, the learned counsel for ..... however take notice of the offence under section 352 ipcipcipc for the offence under section 354 ipcipcipc includes the ingredients of the former. in other words, section 352 ipcipcipc constitutes a minor offence in relation to the other. regarding the offence of wrong confinement punishable ..... to dispose of the case solely on the basis of the evidence to be adduced during the trial. since both the offences under sections 354 and 509 ipcipcipc are triable in accordance with chapter xx of the criminal procedure codecriminal procedure codecriminal procedure code we direct the learned magistrate to dispose of the case ..... as above we direct the learned chief judicial magistrate, chandigarh to take cognizance upon the police report in respect of the offences under sections 354 and 509 ipcipcipc and try the case himself in accordance with law. we make it abundantly clear that the learned magistrate shall not in ..... of witnesses recorded during investigation is not a proper one for we find that there are sufficient materials for taking cognizance of the offences under sections 354 and 509 i.p.c. we, however, refrain from detailing or discussing those statements and the nature and extent of their corroboration of the f .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1970Bom376; (1970)72BOMLR569; 1970MhLJ939
..... below and i am merely correcting a patent error of law which can certainly be done in exercise of the powers of superintendence vested in this court under article 227 of the constitution of india.16. in the result the petitions succeed,the decree for eviction passed in all thefive suits is set aside (and?) the plaintiffssuit is dismissed. in the circumstancesthere ..... the corporation act are taken in their order. as a result of their attempted action under section 488, the municipal corporation has by implication withdrawn its earlier notice under section 354. it is not necessary in every case that the authorities should issue express orders cancelling their requisitions. even from their subsequent conduct it is possible to infer that the ..... not warrant the pulling down of the suit building. in cross-examination he admitted that no letter has been issued by the municipal corporation withdrawing the original notice under section 354. he also admitted that the municipal commissioner has not authorised the tenants to carry out any repairs in writing. if mr. andhyarjina's contention is accepted then on production ..... suit under section 13(1)(hhh). the defendants' contention that by reason of the repairs carried out by them to the satisfaction of the municipal authorities the notice under section 354, became nugatory was rejected by the learned trial judge. the learned trial judge came to the conclusion that the plaintiffs had established that they required possession of the premises for .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007CriLJ3764
..... not to fetter judicial discretion by attempting to make an exhaustive enumeration one way or the other.in rajendra prasad, the majority said : 'it is constitutionally permissible to swing a criminal out of corporeal existence only if the security of state and society, public order and the interests of the general public ..... a circumstance cannot be a sole one to lead a guilt, however, coupled with or in addition to the circumstances which are already existing, it constitutes a valid piece of material and circumstance to implicate the accused.56. the learned counsel for the appellants/accused points that both in regard to ..... be given great weight in the determination of sentence. some of these factors like extreme youth can instead be of compelling importance. in several states of india, there are in force special enactments, according to which a 'child' that is, 'a person who at the date of murder was less than ..... never be blood thirsty.... hanging of murderers has never been too good for them. facts and figures albeit incomplete, furnished by the union of india, show that in the past courts have inflicted the extreme penalty with extreme infrequency - a fact which attests to the caution and compassion ..... , or its 'ethos': nor do they in any manner violate articles 21 and 14. all the reasons given by us for upholding the validity of section 302, penal code, fully apply to the case of section 354(3), code of criminal procedure, also. the same criticism applies to the view taken in bishnu .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)185; 2001(1)ALT(Cri)184; 2001CriLJ725; 2000(8)SCALE218
..... relevant provisions like sections 299, 300 and 302 of the ipcipcipc, sections 235(2) and 354(3) of the criminal procedure codecriminal procedure codecriminal procedure code and articles 13, 14, 19(2) to (6) and 21 of the constitution held, inter alia, that the founding fathers recognised the right of the state to deprive a ..... young or old he shall not be sentenced to death.(3) the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.(4) the probability that the accused can be reformed and rehabilitated. the state shall by evidence prove that the accused ..... court observed:before we embark on this task it will be proper to remind ourselves, against that while we have an obligation to ensure that the constitutional bounds are not overreached we may not act as judges as we might as legislatures16. reiterating the principles laid down in jagmohan v. state of ..... be given great weight in the determination of sentence. some of these factors like extreme youth can instead be of compelling importance in several states of india there are in force special enactments according to which a 'child', that is, 'a person who at the date of murder was less than ..... be bloodthirsty hanging of murderers has never been too good for them. facts and figures, albeit incomplete, furnished by the union of india show that in the past courts have inflicted the extreme penalty with extreme infrequency-a fact which attests to the caution and compassion .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2005(4)ALD67(SC); JT2005(5)SC257; RLW2005(2)SC295; (2005)10SCC1
..... petitioner by illegally detaining him in jail for 14 years after his acquittal, which violated his fundamental right to life and liberty guaranteed under article 21 of the constitution of india, the court in the exercise of its jurisdiction under article 32, can pass an order for the payment of money if such an order is in the nature of compensation consequential upon the ..... registration of case against the appellant and handing over of the investigation to central bureau of investigation. pursuant to order of the court, first information report was registered under sections 354 and 509 indian penal code on 29th december, 1999. it was stated that, since the alleged incident of molestation took place and till the registration of the case against the ..... , was filed by respondent no. 5 in the high court narrating the incidents that led to the filing of complaint by his sister against the appellant for offences under section 354 of indian penal code. he stated that his sister was a member of the haryana lawn tennis association, of which the appellant was the president. he stated that his sister ..... to indian police service, haryana cadre in order to pressurize the sister of respondent no. 5 to withdraw the complaint lodged by her against him for the offences under section 354 of indian penal code. the court issued notices to the appellant, state of haryana and others calling upon them to show cause as to why they should not be burdened .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(1)ALD103; 1998(1)ALD(Cri)146
..... 167 is obvious and is intended to protect the accused from the methods which may be adopted by some over-zealous and unscrupulous police officers. article 22(2) of the constitution of india and section 57 of cr.p.c. give a mandate that every person who is arrested and detained in police custody shall be produced before ..... as sane, no action for their release was taken by the authorities for a number of years.14. in the present case, the petitioner was accused under section 354 of the indian penal code i.e., 'assault or criminal force to woman with intent to outrage her modesty'. the punishment originally provided was 'imprisonment of either ..... thathe would take the best available treatment. in view of the nature of the ailment as psycliiatric illness and as the offence alleged is one punishable under section 354 of ipcipcipc, as such it is not desirable to grant bail at this stage unless the doctors give an opinion that he can be set free. ..... was produced before him at 8.40 p.m. on 16-1-1997 along with the f.i.r. in crime no. 14/97 registered 'under section 354 1pc and the remand report of the sub-inspector of police, p.s., abid road, hyderabad with a request to remand the petitioner for judicial custody for a ..... that time.2. it was alleged that he was an accused in crime no. 14 of 1997 of p.s., abid road, hyderabad for offence under section 354 jpc on a false complaint lodged by one mrs. surayya jabeena that he abused her, caught hold of her hand and threatened to pull her sari. it was .....Tag this Judgment!