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Search Results Judgments > Act: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

... the data on which reliance 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 learned Counsel for the ... process, to apply them to cases arising under other articles of the Constitution, particularly Articles 19 and 21.16. The principle which underlies Article 14 is that 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 ... 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 classification is based on intelligible differentia having a real nexus with the object which is sought to be achieved by the law. In the generality of cases under Article 14, ... of Article 19 of the Constitution. We have already extracted the passage from the judgment delivered in that case by Hidayatullah, C.J., on which the learned Counsel relies. That passage shows that the Court was considering the argument advanced by the petitioners that the preferred-position doctrine, which was said to be in vogue in America, was applicable in India. The ...

Aug 16 1982

Bachan Singh, Sher Singh and Anr. and Ujagar Singh and Anr. Vs. State ...

  • Decided on : 16-Aug-1982

Court : Supreme Court of India

Reported in : AIR1982SC1325

... 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 of Section 354 Sub-section (3) of the CrPC 1973 and it is difficult ... in India; (ii) the number of cases in which death sentence was executed in the various States and the various Union Territories; and 30 (iii) the number of cases in which death sentence was commuted by the President of India under Article 72 or by the Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India ... has, become still more indefensible from the constitutional point of view. But the more important circumstance which has supervened since the decision in Jagmohan's case (supra)'is the new dimension of Articles 14 and 21 unfolded by this Court in Maneka Gandhi v. Union of India 1978 (2) SCR 663. This new dimension of Articles 14 and 21 renders the death penalty ... Governors under Article 161 of the Constitution. The statistical information sought by us was supplied by the Government of India and our attention was also drawn to the figures showing the total number of offences of murder committed inter alia during the years 1974-77. These figures showed that on an average about 17,000 offences of murder were committed in India every ...

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

... passed must be governed by Article 31 and not Article 19(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 ... are common. Those common questions are (1) with regard to the obligation of the authority to act judicially under Section 354 and (2) the challenge to Section 354 based upon Article 19(1)(f). As regards the latter question, a further point has ben argued by Mr. Chandrachud on behalf ... 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 the case is one of deprivation of property and inasmuch as after the property is pulled down, the property cannot be enjoyed, Article ... 354 is mala fide both tin fact and in law. It is then urged that the authority acting under Section 354 must act judicially and in the present case the authority had not acted judicially, while issuing the notice under Section 354. It is urged, in the last place, that Section 354 was void, in view of Article 19(1)(f) of the Constitution ... of policy and, in our view, Section 354 is not, therefore, open to challenge in view of Article 19(5) of the Constitution. Mr. Mehta has pointed out - and I think rightly - that the view of the authority acting under Section 354 is also open to correction under Section 66( ...

Oct 12 1995

Mrs. Rupan Deol Bajaj and another Vs. Kanwar Pal Singh Gill and anothe ...

  • Decided on : 12-Oct-1995

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

... 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 the ... 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.I ... to the moot point as to whether the above allegations constitute any or all of the offences for which the case was registered, we first turn to Sections 354 and 509 [PC, both of which relate to modesty of woman. These Sections read as under :354. Whoever assaults or uses criminal force to any woman ... . We need not however take notice of the offence under Section 352 IPC for the offence under Section 354 IPC includes the ingredients of the former. In other words, Section 352 IPC constitutes a minor offence in relation to the other. Regarding the offence of wrong confinement punishable under Section 342 IPC ... commission of any offence and make out a case against the accused.(4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 ...

Jan 22 1970

Piadad Fernander Vs. K.M. Ramesh and Ors.

  • Decided on : 22-Jan-1970

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 will ... 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 ... interference under Article 227 of the Constitution. He argued that the two courts of facts have considered the evidence, recorded the finding and then expressed a certain view in the matter. There is no error of law apparent on the face of the record. Merely difference of opinion is not sufficient justification for this Court to act under Article 227 of the Constitution. ... 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 ...

Jul 01 1971

Diwanchand Gupta Vs. N.M. Shah and Ors.

  • Decided on : 01-Jul-1971

Court : Mumbai

Reported in : AIR1972Bom316; (1972)74BOMLR259; ILR1972Bom1417; 1972MhLJ524

... Vaidya, J.1. The above four petitions under Article 227 of the Constitution of India are directed against an order dated November 28, 1969 passed by the Chief Judge of the Court of Small Causes at Bombay in two applications filed under Section 507 of ... the section which should be considered as a notice to show cause .................... Discretion must not be arbitrary ............................. The legislature has vested in the Commissioner a discretion in the matter (Section 354), and the Court would not interfere in his exercise merely because the object in view might be carried out in some other way nor would it lightly impute to him ... , therefore, be held that the contention of the petitioners that there was an unfair discrimination against them as citizens in violation of their right under Art. 14 of the Constitution of India is without any foundation.24. The next contention urged on behalf of the petitioners is that the learned Chief Judge had no jurisdiction to entertain the applications under Section 507 ... learned Chief Judge. Mr. Chagla contended that notwithstanding this, it is open to this Court in exercise of its powers under Art. 227 of the Constitution to decide whether the authority issuing notice under Section 354 should issue a show cause notice and give an opportunity of hearing to the occupants of a building in respect of which the notice is issued ...

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

... 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 ... 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 Code, demands special reasons for awarding the graver sentence, and to borrow the reasoning in Rajendra Prasad's case.'Special ... 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 ... normative cynosure and until over-ruled by a larger bench of this Court that is the law of the land under Article 141. To discard it is to disobey the Constitution and such, subversiveness of the rule of law, in a crucial area of life and death, will spell judicial disorder. ... within the province of this Court while dealing with an appeal confined to sentence under Article 130, to curtail the scope of death sentence under Section 302 I.P.C., 1860, nor is it constitutionally or legally permissible for this Court while hearing such an appeal to lay down that ...

Feb 11 2004

Raju Pandurang Mahale Vs. State of Maharashtra and Anr.

  • Decided on : 11-Feb-2004

Court : Supreme Court of India

Reported in : AIR2004SC1677; 2004CriLJ1441; JT2004(2)SC425; 2004(2)SCALE408; (2004)4SCC371; 2004(2)LC876(SC)

... and the High Court in convicting the appellant do not suffer from any infirmity to warrant interference in exercise of the powers under Article 136 of the Constitution of India, 1950. The sentences imposed by no stretch of imagination can be said to be on the higher side. On the contrary, backgrounds facts ... . In essence so far as the appellant is concerned, his conviction for the offence punishable under Section 342 read with Section 34 IPC and Section 354 read with Section 34 IPC; was maintained as noted above.4. Prosecution version as unfolded during trial is as follows:The alleged occurrence took place ... is concerned. It was submitted that the role attributed to the appellant does not in any manner establish existence of ingredients necessary to constitute offence punishable under Sections 342 and 354 IPC. He pointed out that the locking of the door from outside according to prosecution was done by A-2 in the ... of offence under Section 354 IPC are:(a) That the assault must be on a woman.(b) That the accused must have used criminal force on her.(c) That the criminal force must have been used on the woman intending thereby to outrage her modesty.12. What constitutes an outrage to female ... is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word 'modesty' is not defined in IPC. The ...

Feb 07 1989

Triveniben Vs. State of Gujarat

  • Decided on : 07-Feb-1989

Court : Supreme Court of India

Reported in : AIR1989SC1335; 1990CriLJ1810; (1989)1GLR622; JT1989(1)SC314; 1989(1)SCALE301; (1989)1SCC678; [1989]1SCR509

... petitions under Article 32 of the Constitution. They are not seeking to overturn the death sentence on the ground that the Court has illegally inflicted it. Obviously, that can not do. The judgment of the court has become final. Under Article 141, it shall be binding on all Courts. Under Article 142, it shall be enforceable throughout the territory of India. Under Article ... and it has been provided that in all cases of murder, life imprisonment should be given unless there are special reasons for giving sentence of death. This provision Section 354 Clause (3) reads:When the conviction is for an offence punishable with death or in the alternative with imprisonment for life or imprisonment of a term of years, ... keep the condemned person for a long period. It offends the constitutional safeguards under Article 21.55. Article 21 of the Constitution mandates the state that no person shall be deprived of his life or personal liberty except according to the procedure established by law. The scope and content of this Article has been the subject matter of intensive examination in the ... logic and constitutional law and is, therefore, violative of Article 14'. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades article 14 like a brooding omni-presence and the procedure contemplated by Article 21 must ...

Dec 11 2000

Mohd. Chaman Vs. State (N.C.T. of Delhi)

  • Decided on : 11-Dec-2000

Court : Supreme Court of India

Reported in : 2001(1)ALD(Cri)185; 2001(1)ALT(Cri)184; 2001CriLJ725; 2000(8)SCALE218

... a Constitution Bench of this Court after an exhaustive discussion of the relevant provisions like Sections 299, 300 and 302 of the IPC, Sections 235(2) and 354(3) of the Criminal Procedure Code and Articles 13, 14, 19(2) to (6) and 21 of the Constitution ... 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 ... 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 person of his life or 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 ... Constitution which show that the Constitution makers were fully cognizant of the existence of death penalty for murder and certain other offences in the Indian Penal Code. This Court further observed that 'the mention in the legislative list, right of Governor and President to suspend, commute or remit death sentence and right of appeal to the Supreme Court under Article ... Supreme Court under Article 134 show that death penalty or its execution cannot be regarded as an unreasonable, cruel or unusual punishment. Nor can it be said to defile 'the dignity of the individual' within the preamble to the Constitution. On parity of ...

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