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Search Results Judgments > Act:CONSTITUTION OF INDIA Article 354

Apr 02 2004

R. Krishnaiah Vs. State of Andhra Pradesh and Ors.

  • Decided on : 02-Apr-2004

Court : Andhra Pradesh

Reported in : AIR2005AP10; 2004(2)ALD794; 2004(2)ALT730

... the new Assembly or in the alternative to direct the Union of India to declare emergency under Articles 354 and 356 of the Constitution of India.5. On 31.3.2004, the Governor of Andhra Pradesh in exercise of his powers under Article 213(1) of the Constitution of India promulgated Ordinance No. 2 of 2004 authorising the State Government to withdraw ... Constitution and its values as mandated by Article 355 and the issuance of the impugned Ordinance is a patent breach of the Constitution, which has resulted in the break down of the Constitutional machinery in the State of Andhra Pradesh warranting urgent action under Articles 355 and 356 of the Constitution of India and the Union of India has failed to discharge its constitutional ... India has failed in its duty to uphold the Constitution and its values as mandated by Article 355 and the issuance of the impugned Ordinance is a patent breach of the Constitution, which has resulted in the break down of the Constitutional machinery in the State of Andhra Pradesh warranting urgent action under Articles 355 and 356 of the Constitution of India and the Union of India ... of India to take appropriate action under these articles to prevent a constitutional breakdown, which has resulted in dire financial vacuum constitutionally and a situation has arisen to declare financial emergency under Article 360 so far as Andhra Pradesh is concerned. The Union of India has failed in its duty to uphold the Constitution and its values as mandated by Article 355 ...

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)

... 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 ... punishment, substantively and procedurally.47. There are three broad values emerging from Bachan Singh (supra):1. INDIVIDUALIZED SENTENCING 48 . For an effective compliance of sentencing procedure under Section 354(3) and Section 235(2) Cr.P.C, sufficient discretion is a pre-condition. Strict channeling of discretion would also go against the founding principles of sentencing as ... 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) 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) ... 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) interpreting Section 354(3) of the Code should be taken to be a part of our constitutional ...

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 ...

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

... section (3) of Section 354 of the Code of Criminal Procedure and in the alternative, in case provisions of sub- section (3) of Section 354 of Criminal 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 ... to say the special reasons, as envisaged in Section 354(4) of the Criminal 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 ... . 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 ... 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 ... special reasons, since life of an individual is involved, as a part of fair and reasonable procedure under Article 21 of the Constitution, as per the legislative mandate spelled out while enacting Section 354(3) of Criminal Procedure Code . recording of special reasons is to be considered as a reasonable and fair ...

Dec 18 1952

Girdhar Gopal Vs. State

  • Decided on : 18-Dec-1952

Court : Madhya Pradesh

Reported in : 1953CriLJ964

... to the infringement of Article 14 of the Constitution. This Article provides that the State shall not deny to any person equality before the law or the equal protection of laws within the territories of India. Article 14 has been construed by the Supreme Court in several cases See - Raning Rawat v. State of Saurashtra : 1952CriLJ805 ; - Charanjitlal v. Union of India : [1950]1SCR869 ... applicant did not challenge the conviction and sentence of the applicant under Section 342, Penal Code, His contention was that Section 354, Penal Code offended against the provisions of Articles 14 and 15 of the Constitution of India and that therefore, Section 354 being void, the conviction of the applicant under that section was illegal. The argument of Mr. Gupta is that ... Constitution of India and that therefore, Section 354 being void, the conviction of the applicant under that section was illegal. The argument of Mr. Gupta is that as the Penal Code does not make the act of assault or use of criminal force to any man with intent 'to outrage his modesty' an offence, Section 354, Penal Code contravenes Article 14 of the Constitution ... Articles 14 and 15 of the Constitution of India and that therefore, Section 354 being void, the conviction of the applicant under that section was illegal. The argument of Mr. Gupta is that as the Penal Code does not make the act of assault or use of criminal force to any man with intent 'to outrage his modesty' an offence, Section 354, Penal Code contravenes Article ...

Dec 10 1958

In Re: U.N. Mandal's Estate Private Ltd.

  • Decided on : 10-Dec-1958

Court : Kolkata

Reported in : AIR1959Cal493,[1960]30CompCas172(Cal),63CWN889

... therefore, without the express statutory provisions of Sections 354 and 355 of the English Companies Act, 1948, the doctrine of bona vacantia applied in England, it would be all the more so here in India because of Article 296 of the Constitution of India, which uses the words 'any property in the territory of India which if this Constitution had not come into force would have ... there is any asset or property of this defunct company. It may also be that because of the express provision in Article 296 of the Constitution the Companies Act, 1956 in India which copied in Section 560 the major provisions of Section 354 of the English Companies Act, 1948 did not introduce the further provisions of Sections 355 and 356 of the English ... India because of Article 296 of the Constitution of India, which uses the words 'any property in the territory of India which if this Constitution had not come into force would have accrued to His Majesty.' Now if this property of a dissolved Company could accrue formerly to the Crown in India then as bona vacantia it now belongs to and vests in the Union of India under Article ... Constitution of India, which uses the words 'any property in the territory of India which if this Constitution had not come into force would have accrued to His Majesty.' Now if this property of a dissolved Company could accrue formerly to the Crown in India then as bona vacantia it now belongs to and vests in the Union of India under Article 296 of the present Constitution ...

Jun 17 2013

Jayanta Mitra Vs. The State Of Jharkhand

  • Decided on : 17-Jun-2013

Court : Jharkhand

... 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. Law laid down by Bachan Singh and Machhi Singh interpreting Sectio 354. 3) of the Code should be taken to be a part of our constitutional scheme.159. Although the Constitutional ... exceptional case only when the alternative option (sentence of life imprisonment) is unquestionably foreclosed. Following are the features of the Rarest of rare dictum : (a) Constitutional guarantees : The rarest of rare dictum takes its colour from constitutional guarantees. The court has, therefore, to be mindful that the true import of rarest of the rare doctrine speaks of an extraordinary and exceptional ... by the Hon'ble Supreme Court in the case of Panchhi vs. State of U.P. reported in (1998) 7 SCC 177:"6. When the Constitution Bench of this Court, by a majority, upheld the constitutional validity of death sentence in Bachan Singh v. State of Punjab this Court took particular care to say that death sentence shall not normally be ... of Machhi Singh vs. State of Punjab reported in (1983) 3 SCC 47.and especially only the aggravating circumstances, but as stated herein above, as per principle enunciated by the Constitution Bench decision in Bachan Singh's case the sentencing court as well as the appellate court has to appreciate both aggravating as well as mitigating circumstances as stated herein ...

Jun 26 2013

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

  • Decided on : 26-Jun-2013

Court : Chennai

... 354/27/2011-TRU) issued by the 3rd respondent. W.P.No.3949 of 2012 is filed under Article 226 of Constitution of India praying to issue Writ of declaration to declare Circular bearing No.148/17/2011-ST dated 13.12.2011 (bearing F.No.354/27/2011-TRU) issued by the 3rd respondent as being legally and constitutionally ... the Act, ultra vires the provisions of the Act and unconstitutional as being violative of Articles 14, 19(1)(g), 265 and 300 A of the Constitution of India. W.P.No.4903 of 2012 is filed under Article 226 of Constitution of India praying to issue Writ of Certiorari or any other Writ, order or direction in ... Entry 54 and Entry 62 of List II of Schedule VII and Articles 14, 19(1)(g), 246 and 265 of the Constitution of India, in so far as the Petitioner is concerned. W.P.No.2648 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari or any other appropriate ... and Entry 62 of List II of Schedule VII and Articles 14, 19(1)(g), 246 and 265 of the Constitution of India as ultra vires, in so far as the Petitioner is concerned. W.P.No.1776 of 2013 is filed under Article 226 of Constitution of India praying to issue a Writ of certiorari to call for ... under Article 226 of Constitution of India praying to issue Writ of Certiorari to call for the records on the file of 2n respondent relating to the Circular No. 148/17/2011-ST dated 13.12.2011 and to quash the same. W.P.No.5901 of 2012 is filed under Article 226 of Constitution of India praying ...

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( ...

Jun 10 2013

M/s Crescent Property Developers Vs. Municipal Corporation of Greater ...

  • Decided on : 10-Jun-2013

Court : Mumbai

... is made returnable forthwith and the matter is taken for up final hearing. 3. By this petition under Article 226 of the Constitution of India, the petitioner is challenging the legality, validity and propriety of stop work notice dated 2nd March, 2012, issued under Section 354-A of the Mumbai Municipal Corporation Act, 1888 ( for short ?? the Act ? ) by the Corporation. 4. The ... submission of Mr. Kamdar, learned senior counsel appearing on behalf of the Corporation. I will first consider his submission regarding exercise of the jurisdiction of this Court under Article 226 of the Constitution of India. Mr. Kamdar, in this regard, submitted that in respect of another project of the petitioner, similar notice was given. The petitioner challenged the same in the High ... clause (a) which reads as under: ??(a) That this Honourable Court be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for records and proceedings leading to issuance of the order/stop work notice dated 2/3/2012 being Ex.MM hereto and after examining the legality, ... and this Court recorded the said statement and, thereafter, the petitioner was allowed to withdraw the petition. The Corporation thereafter issued another notice on 18th June, 2011 under Section 354 A of the said Act. This notice was issued on the premise that the construction site is not kept clean and in hygienic condition. The petitioner, thereafter, replied to ...

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