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Judgment Search Results Home  Phrase:constitution of india article 354

Sep 23 1983

Deena alias Deen Dayal and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 23-Sep-1983

Court : Supreme Court of India

Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; [1984]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 ... discharged the heavy burden which lies upon it to prove that the method of hanging prescribed by section 354(5) of the crpc 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 a ... 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 ... , directly, indirectly or incidentally.84. accordingly, we hold that the method prescribed by section 354(5) of the crpc 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 point ...

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May 08 2000

Dina Bawri vs. State of Assam

  • Decided on : 08-May-2000

Court : Guwahati

... that the sentencing discretion with which the courts are invested did not amount to delegations of power of the legislature by the parliament. section 354(3) did not violate articles 14, 19 and 21 of the constitution of india, the apex court ruled. the view taken in this respect by the apex court in the cases of rajendra prasad and bishnu deo sahaw ... and that it was in public interest. section 302 of the penal code, it was observed, did not violate the letter or ethos of article 19 of the constitution. as regards sections 235(2) and 354(3) of the criminal procedure codecriminal procedure codecriminal procedure code, it has been held that the procedure provided in the criminal procedure codecriminal procedure codecriminal procedure code for imposing capital punishment cannot, by any ... was overruled. the relevant observations of the hon'ble supreme court about the interpretation of section 235(2) and 354(3) and articles 14, 19 and 21 of the constitution are reproduced below :" ... 151. section 354(3) of the ...

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May 08 2000

Dina Bawri Vs. State of Assam

  • Decided on : 08-May-2000

Court : Guwahati

... that the sentencing discretion with which the courts are invested did not amount to delegations of power of the legislature by the parliament. section 354(3) did not violate articles 14, 19 and 21 of the constitution of india, the apex court ruled. the view taken in this respect by the apex court in the cases of rajendra prasad and bishnu deo sahaw ... and that it was in public interest. section 302 of the penal code, it was observed, did not violate the letter or ethos of article 19 of the constitution. as regards sections 235(2) and 354(3) of the criminal procedure codecriminal procedure codecriminal procedure code, it has been held that the procedure provided in the criminal procedure codecriminal procedure codecriminal procedure code for imposing capital punishment cannot, by any ... was overruled. the relevant observations of the hon'ble supreme court about the interpretation of section 235(2) and 354(3) and articles 14, 19 and 21 of the constitution are reproduced below :' ... 151. section 354(3) of the ...

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Mar 01 2002

Raj Kumar and Ors. Vs. State of U.P.

  • Decided on : 01-Mar-2002

Court : Allahabad

Reported in : 2002CriLJ2918

... court after an exhaustive discussion of the relevant provisions like sections 299, 300, 302 i.p.c; section 235(2) and 354(3) of the code of criminal procedure and articles 13, 14, 19(2) to (6) and of the constitution of india held, inter alia, that the founding fathers recognised the right of the state to deprive a person of his life or ... as they had been won over by the accused persons. it was also submitted that the appellants cannot escape vicarious liability as in the facts and circumstances of the case constitution of unlawful assembly has been fully established and it has also been established beyond doubt that surendra singh was murdered in prosecution of the common object of that unlawful assembly ... personal liberty in accordance with fair, just and reasonable procedure established by valid law, that there are several other indications also in the constitution which show that ... the constitution makers were fully cognizant of the ...

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Oct 11 1957

Nathubhai Dhulaji and Ors. Vs. The Municipal Corporation, Bombay and O ...

  • Decided on : 11-Oct-1957

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 ...

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May 13 2009

Santosh Kumar Satishbhushan Bariyar Vs. State of Maharashtra

  • Decided on : 13-May-2009

Court : Supreme Court of India

Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)

... by the dictum of bachan singh (supra) according to which life imprisonment is the rule and death punishment is an exception. we are also governed by the constitution of india. article 14 and 21 are constitutional safeguards and define the framework for state in its functions, including penal functions. they introduce values of institutional propriety, in terms of fairness, reasonableness and equal ... interpreting section 354(3) of the code should be taken to be a part of our constitutional scheme.172. although the constitutional bench judgment of the supreme court in bachan singh (supra) did not ... by the courts below, in our opinion, do not satisfy bachan singh test. section 354(3) of the code provides for an exception. general rule of doctrine of proportionality, therefore, would not apply. we must read the said provision in the light of article 21 of the constitution of india.171. law laid down by bachan singh (supra) and machhi singh (supra) ... instance under article 161 and article 72(1)(c). constitutional recognition was taken to be a primary signal for the legitimacy for section 302. secondly, owing to separation of power doctrine, the court took a deferential view towards section 354(3) which was brought in to discipline the courts on death penalty by making life imprisonment the rule and death penalty exception. ...

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May 04 1979

Dalbir Singh and Ors. Vs. State of Punjab

  • Decided on : 04-May-1979

Court : Supreme Court of India

Reported in : AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059

... and circumstances of a particular case, can never be regarded as a binding precedent, much less 'law declared' within the meaning of article 141 of the constitution so as to bind all courts within the territory of india. according to the well-settled theory of precedents every decision contains three basic ingredients:(i) findings of material facts, direct and inferential. ... have to be regarded as the view of the judge/judges concerned-and not 'law declared by this court' under article 141 of the constitution. any attempt to limit or circumscribe the connotation of 'special reasons' mentioned in section 354(3) of the crpc by indulging in classification of murders such as white collar offences and nonwhite collar offences or laying ... , be manifest that it is neither feasible to define nor legally permissible for this court to limit or circumscribe the connotation of the expression 'special reasons' occurring in section 354(3) of the code so as to bring about a virtual abolition of the death sentence.26. with greatest respect, the majority decision in rajendra prasad's case (supra ... same judgment and, going by them, there is hardly any warrant for judicial extinguishment of two precious indian lives. section 302 of the penal code, read with section 354(3) of the criminal procedure codecriminal procedure codecriminal procedure code, demands special reasons for awarding the graver sentence, and to borrow the reasoning in rajendra prasad's case.'special reasons' necessary for imposing ...

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May 06 2005

S.P.S. Rathore Vs. State of Haryana and Ors.

  • Decided on : 06-May-2005

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 appellant, 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 was molested ... 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 with compensation ...

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Sep 20 1996

Balwinder Singh Vs. Union of India

  • Decided on : 20-Sep-1996

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 ...

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May 12 1999

Union of India and Ors. Vs. Himmat Singh Chahar

  • Decided on : 12-May-1999

Court : Supreme Court of India

Reported in : AIR1999SC1980; 1999(1)ALD(Cri)913; 1999(2)ALT(Cri)261; 1999CriLJ2894; 1999(3)Crimes60(SC); 1999(2)CTC503; JT1999(3)SC631; 1999(3)SCALE620; (1999)4SCC521; [1999]3SCR513; 199

... the rival submissions at the bar the short question that arises for consideration is what would be the extent of the jurisdiction in exercising power under article 226 of the constitution over the findings of the authority in court martial proceeding? the defence personnel serving in army, navy or air force when commit any offence are ... basis of the evidence of mrs. nirmala sharma having found the respondent guilty of charge under section 354 and punishing him thereunder, the high court mis-directed itself in exercise of its jurisdiction under article 226 of the constitution to re-appreciate the evidence and in coming to the conclusion that the authorities committed error in ... on the ground of sufficiency of evidence. in support of this contention reliance has been placed on the recent decision of this court in the case of union of india and ors. v. major a. hussain - judgment today (1997) 9 s.c. 676. mr. uday u. lalit, learned counsel appearing for the respondent on ... sentence passed against the respondent in the court martial proceeding ,and hence the present appeal.4. mr. ashok bhan, learned counsel appearing for the union of india contended with vehemence that the court martial proceeding having been continued in accordance with the procedure laid down under the navy act and the competent authority on ... g.b. pattanaik, j. 1. the union of india in this appeal has challenged the judgment dated 12.11.1993, of the division bench of bombay high court in criminal writ petition no. ...

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