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Judgment Search Results Home  Phrase:crpc  Court:supreme  Year:1979

May 04 1979

BACHAN SINGH S/O SAUDAGAR SINGH Vs. STATE OF PUNJAB

  • Decided on : 04-May-1979

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... advanced on both sides, it is necessary to have a peep into the history and the legislative background of the procedural provisions relating to sentencing in the code of criminal procedure.150. under the crpccrpccrpc, 1898, as it stood before its amendment by act no. 26 of 1955, even for the seven offences mentioned earlier, which are punishable in the ..... been protected towards narrowing or widening the scope for infliction of death penalty." if we look at the legislative history of the relevant provisions of the indian penal code and the crpccrpccrpc we find that in our country there has been a gradual shift against the imposition of death penalty. "the legislative development, through several successive amendments had shifted ..... any way by the legislative changes since effected. on the contrary these changes reinforce the reasons given in jagmohan, for holding that the impugned provisions of the penal code and the criminal procedure codecriminal procedure codecriminal procedure code do not offend articles 14 and 21 of the constitution. now, parliament has in section 354(3) given a broad and clear guideline which is to serve ..... imprisonment for life and provided for imposition of sentence of death only in exceptional cases for special reasons. i shall presently refer to this section enacted in the new crpccrpccrpc and show how, in view of that provision, the imposition of death penalty has become still more indefensible from the constitutional point of view. but the more important .....

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Dec 07 1979

V.C. Shukla Vs. State through C.B.I.

  • Decided on : 07-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC962; 1980CriLJ690; 1980Supp(1)SCC92; [1980]2SCR380

..... a complaint filed by the complainant which the high court declined to quash in a petition filed by the accused under sections 482 and 397 of the criminal procedure codecriminal procedure codecriminal procedure code (code for short). the contention was that the magistrate had issued the summons in a mechanical manner without applying his judicial mind to the facts of the case ..... it may terminate the proceedings but if decided in another way, then the proceedings would continue; because, in our opinion, the term 'interlocutory order' in the criminal procedure codecriminal procedure codecriminal procedure code has been used in a much wider sense so as to include even intermediate or quasi final orders; (4) that an order passed by the special court discharging ..... the trial a at all. this would be the result if the term interlocutory order is interpreted in its natural and logical sense without having resort to criminal procedure codecriminal procedure codecriminal procedure code or any other statute. 'i hat is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and ..... of the case may be delayed. indeed if this be the avowed object of the act, could it have been intended by the parliament that while the criminal procedure codecriminal procedure codecriminal procedure code gives a right of revision against an order which, though not purely interlocutory, is either intermediate or quasi final, the act would provide a full fledged .....

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Jan 24 1979

Sita Ram and Ors. Vs. State of Uttar Pradesh

  • Decided on : 24-Jan-1979

Court : Supreme Court of India

Reported in : AIR1979SC745; 1979CriLJ659; (1979)2SCC656; [1979]2SCR1085

..... empowered to dismiss the appeal summarily when there are no sufficient grounds for interfering. the power to summarily dismiss an appeal is conferred under the criminal procedure codecriminal procedure codecriminal procedure code when the court is satisfied that there are no sufficient grounds for interfering with the judgment appealed against. this decision is taken by the appellate ..... statute or rules framed under a statute vide minakshi v. subramanya.(3) the powers and the jurisdiction of the appellate court as prescribed by the criminal procedure codecriminal procedure codecriminal procedure code and the rule cannot be said to deny a right of hearing to the appellant. the plea that audialteram partem has been violated has also no ..... rule is construed as empowering the court to dismiss an appeal summarily, it would offend art. 21 of the constitution. when the provisions in the criminal procedure codecriminal procedure codecriminal procedure code enabling the court to dismiss an appeal summarily is not challenged the impugned rule is equally unassailable. we will now consider whether the impugned rule ..... fair play of the constitution. the horizon of human rights jurisprudence after maneka gandhi's case (supra) has many hues. the relevant provision of the criminal procedure codecriminal procedure codecriminal procedure code have already been quoted. counsel for the appellant had obvious difficulty in overcoming the obstacle of s. 384. that section is sweeping. any appellate court .....

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Jan 10 1979

Ram Lal Narang Vs. State (Delhi Administration)

  • Decided on : 10-Jan-1979

Court : Supreme Court of India

Reported in : AIR1979SC1791; 1979CriLJ1346; (1979)2SCC322; [1979]2SCR923

..... was required to enter the substance thereof in a book kept by him, for that purpose, in the prescribed form (section 154 criminal procedure codecriminal procedure codecriminal procedure code). section 156 criminal procedure codecriminal procedure codecriminal procedure code invested the police with the power to investigate into cognizable offences without the order of a court. if, from the information received ..... court declined to express any opinion on the question whether the police could be permitted to send incomplete reports under section 173(1) criminal procedure codecriminal procedure codecriminal procedure code. this case while neither approving nor disapproving the practice of submitting incomplete challans in the first instance, certainly notices the existence of such ..... required to issue the necessary process to secure the attendance of the accused (section 204 criminal procedure codecriminal procedure codecriminal procedure code). the scheme of the code thus was that the first information report was followed by investigation, the investigation led to the submission of a report to ..... , the magistrate empowered to take cognizance of an offence upon a police report might take cognizance of the offence (section 190(1)(b) criminal procedure codecriminal procedure codecriminal procedure code). thereafter, if, in the opinion of the magistrate taking cognizance of the offence, there was sufficient ground for proceeding, the magistrate was .....

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May 03 1979

State of Tamil Nadu Vs. V. Krishnaswami Naidu and Anr.

  • Decided on : 03-May-1979

Court : Supreme Court of India

Reported in : AIR1979SC1255; 1979CriLJ1069; (1979)4SCC5; [1979]3SCR928

..... the general clauses act section 32 defines a magistrate as including every person exercising all or any of the powers of a magistrate under the crpccrpccrpc for the time being in force. section 3 of the criminal procedure codecriminal procedure codecriminal procedure code provides that any reference without any qualifying words, to a magistrate, shall be construed, unless the context otherwise requires in the manner stated in the ..... provide for a more speedy trial of offences. it may be noted that the act is in the nature of an amending act in respect of the indian penal code and the crpccrpccrpc, 1898. section 6 of the act enables the state government by notification in the official gazette to appoint as many special judges as may be necessary for such area ..... .p.c. should be considered to be in force unless there are certain provisions in the criminal law (amendment) act which is inconsistent with the provisions of the criminal procedure codecriminal procedure codecriminal procedure code.7. we will now examine the provisions of section 167 of the criminal procedure codecriminal procedure codecriminal procedure code. section 167 of the criminal procedure codecriminal procedure codecriminal procedure code requires that whenever any person is arrested and detained in custody and when it appears that the .....

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Feb 09 1979

Rajendra Prasad Vs. State of Uttar Pradesh

  • Decided on : 09-Feb-1979

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

..... a sentence of death and a sentence of imprisonment for life. prior to the amendment of s. 367, sub-s. (5) of the code of criminal procedure, 1898 by the criminal procedure codecriminal procedure codecriminal procedure code (amendment) act, 1955 it was a well settled principle that where a person was convicted for an offence of murder, the court was ..... that a transcript of the debate would be forwarded to the law commission, for consi- deration in the context of its review of the penal code and the criminal procedure codecriminal procedure codecriminal procedure code. the result was a separate law commission report on capital punishment, submitted to the government in september, 1967." (supra) at pages 354-55 ..... , we will set down the salient cynosures for judges in their day-to-day labours. one sentencing aspect which has found prominent place in the criminal procedure codecriminal procedure codecriminal procedure code, 1973, but more often ignorantly ignored, needs to be highlighted for future guidance. the cases actually de manding decision, their factual matrices and the ..... or shall not be inflicted. currently, the welter of the british indian and post- independence decisions and the impact of laconic legislative changes in the criminal procedure codecriminal procedure codecriminal procedure code the competition among the retributive, deterrent, the reformative and even the existentialist theories of punishment and of statistical studies and sociological and cultural winds settle .....

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Dec 13 1979

Dhanabal and Anr. Vs. State of Tamil Nadu

  • Decided on : 13-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC628; 1980CriLJ439; (1980)2SCC84; [1980]2SCR491

..... the exh. and that he had signed it. the evidence given in the committal court was transposed to the record of the sessions court under section 288 of the crpccrpccrpc.9. the procedure adopted was challenged on the ground that section 288 contemplates that the evidence given during committal proceedings can be treated as evidence in the case subject to the provisions ..... liberty.8. we will now take up the first contention of the learned counsel that the conviction based on statements marked under section 288 of the crpccrpccrpc is not sustainbale for consideration. section 288 of the crpccrpccrpc runs as follows:the evidence of a witness duly recorded in the presence of the accused under chapter xviii may, in the discretion of the ..... under section 164 as corroborating their subsequent evidence before the committal court. equally unsustainable is the plea of the learned counsel that a statement recorded under section 288 of the crpccrpccrpc of one witness cannot corroborate the statement of another witness under section 288. the statements are treated as substantive evidence in law and we do not see any flaw in ..... witnesses before the commiting court are true and could be relied on' and proceeded to observe 'that as there are mere statements admitted in evidence under section 288 of the crpccrpccrpc than one, the evidence of one witness before the committing court is corroborated by that given by others'. mr. mulla, learned counsel, submitted that a statement recorded under section 164 .....

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Dec 05 1979

Rajput Ruda Meha and Ors. Vs. State of Gujarat

  • Decided on : 05-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC1707; 1980CriLJ1246; (1980)0GLR40; (1980)1SCC677; [1980]2SCR353

..... in depth, being disinclined summarily to dismiss. regarding the power of the court to summarily dismiss the appeal under section 384 of the crpccrpccrpc, the submission of the learned counsel was that the provisions of the crpccrpccrpc are not applicable to the supreme court which contention was not accepted by the court.6. neither in the application for adducing additional ..... the constitution bench, there was any reference to the validity of section 384 of the crpccrpccrpc. neither was it pleaded during the arguments that section 384 of the crpccrpccrpc is ultra vires of the constitution. as the question of validity of section 384 the code, of criminal procedure was neither raised nor argued, a discussion by the court after 'pondering over the issue ..... the sessions court, we find that, there are no sufficient grounds of interference. the appeal is summarily dismissed under section 384 of the crpccrpccrpc.4. after we pronounced our judgment dismissing the appeal summarily under section 384 of the crpccrpccrpc, but before signing; the judgment, a decision of this court-sita ram and ors. v. state of u.p. : 1979crilj659 ..... the power of the courts to dismiss an appeal summarily under section 384 of the crpccrpccrpc has been referred. in that case an appeal was preferred to this court under section 379 of the crpccrpccrpc, 1973 read with section 2(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. the appeal was listed for preliminary hearing under rule .....

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Sep 13 1979

Mathuralal Vs. Bhanwarlal and Anr.

  • Decided on : 13-Sep-1979

Court : Supreme Court of India

Reported in : AIR1980SC242; 1980CriLJ1; (1979)4SCC665; [1980]1SCR620

..... shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just.4. quite obviously, sections 145 and 146 of the criminal procedure codecriminal procedure codecriminal procedure code together constitute a scheme for the resolution of a situation where there is a likelihood of a breach of the peace because of a dispute concerning any land or water ..... of this court in chandu naik and ors. v. sitaram b. naik and anr. : 1978crilj356 2. shri mukherji, learned counsel for the appellant urged that under section 146 of the criminal procedure codecriminal procedure codecriminal procedure code of 1973, an attachment of the subject of dispute could be effected in three situations : (i) if the magistrate at any time after making the order under section 145(1 ..... at issue did not arise for consideration in chandu naik and ,ors. v. sitaram b. naik and anr. (supra). what was decided there was that a proceeding under section 145 criminal procedure codecriminal procedure codecriminal procedure code did not abate because of section 8 of the maharashtra vacant land (prohibition of unauthorised occupation and summary eviction) act, 1975. in the result the appeal is dismissed. .....

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Mar 05 1979

Ram Lal Vs. State of Uttar Pradesh

  • Decided on : 05-Mar-1979

Court : Supreme Court of India

Reported in : AIR1979SC1498; 1980CriLJ826; (1979)2SCC192; [1979]3SCR448; 1979(11)LC835(SC)

..... executed by the accused. he relied upon the decisions in abdul aziz and anr. v. emperor : air1946all116 and mewa ram anr. v. state : air1953all481 .3. section 499(1) of the crpccrpccrpc code 1898 was in the following terms:before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer ..... out in abdul aziz and anr. v. emperor (supra) under section 499 criminal procedure codecriminal procedure codecriminal procedure code, the surety did not guarantee the payment of any sum of money by the person accused who was released on bail but guaranteed the attendance of that person and so ..... join in the execution of the bond, the bonds executed by the sureties alone were invalid. we do not find any warrant for this assumption in section 499 of the criminal procedure codecriminal procedure codecriminal procedure code of 1898. we are afraid that there has been some confusion of thought by the importation of the ideas of 'debt' and 'surety' from the civil law. as pointed ..... produce him when required to do so. the district magistrate, dehradun, therefore, forfeited the surety bonds' and issued a warrant of attachment against the sureties under section 514 of the crpccrpccrpc, 1898. the appellant preferred an appeal to the high court of allahabad against the order of forfeiture. before the high court it was submitted that the surety bond executed by .....

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