Court : Supreme Court of India
..... was raised before the learned single judge that the respondents did not allow the entry of the appellant herein into the school. the appellant herein signed the resignation letter under compulsion, criminal intimidation and force applied by the respondents on to him at their residence and forcefully they deprived him from entering into the school.7) the fact remains that the appellant ..... no.6 herein, who is also the head master of the m.e. section of the said school, the appellant herein was forced to sign the resignation letter under compulsion, force and criminal intimidation by respondent no.6 and his men on 22.05.1998 and he was not paid his salary from 23.05.1998. (c) making a grievance against such .....Tag this Judgment!
Court : Guwahati
..... by some anti-social elements under the leadership of the respondent no. 6. the categorical statement made by the petitioner is that he had to sign the resignation letter under compulsion, criminal intimidation and force applied by the respondent no. 6 and his men. making a grievance against such forcible obtaining of resignation letter and signature therein, the petitioner submitted annexure-iii ..... letter authentically stood withdrawn and nonest in the eye of law and could not have been acted upon, even if the same is held to be not under duress and compulsion.21. this court while remanding back the matter to the deputy commissioner for a proper enquiry as to the voluntariness or otherwise of the resignation tendered by the petitioner, in ..... petition, in this writ petition also, the petitioner has levelled serious allegations against the respondents no. 4, 5 and 6. it has been specifically pleaded that it was due to criminal intimidation and force applied by the respondent no. 6 that the petitioner had to write the letter of resignation in the residence of the respondent no. 4 i.e., the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; 2SCR476
..... as i read it, this measure is the embryonic expression of a necessitous legislative project, which, if full-fledged, will work a relentless break-through towards catching, through the compulsive criminal process, the higher inhabitants of indian public and political decks, who have, in practice, remained 'untouchable' and 'unapproachable', to the rule of law. 'operation clean-up' ..... -handed unreason ! if this be a potential peril, naturally a dangerous situation develops, and unaccountable power once unsheathed, the inauguration and escalation of such abuse becomes a compulsive continuum. constitutional tyranny is anathema to decent democracy. in that state of nervous breakdown of the people, sans speech, sans movement, sans security all of which are ..... government on obligation to make the declaration in every case, without exception, in which the opinion is formed. upon the making of the declaration, another consequence follows compulsively under clause 5. that clause provides that on a declaration being made under clause 4(1), any prosecution in respect of the particular offence shall be instituted only ..... 's jurisdictions to grant relief against preventive detention or denial of certain freedoms. what had that to do with prompt prosecution in trial courts of high political criminals-that perennial post-independence species if substantial relation between the distinguishing criterion and the goal of the law be the only classificatory justification qualifying for exemption from equal .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC2045; (1986)88BOMLR260; 1986CriLJ1922; 1986(1)SCALE745; (1986)2SCC716; 2SCR621
..... ]2scr476 : .as i read it, this measure is the embryonic expression of a necessitous legislative project, which, if full-fledged, will work a relentless break-through towards catching, through the compulsive criminal process, the higher inhabitants of indian public and political decks, who have in practice, remained 'untouchable' and 'unapproachable' to the rule of law. 'operation clean up' is a 'consummation ..... the offence of cheating. this suggestion had been put to three relevant prosecution witnesses. the fact that these witnesses closely connected with the sugar co-operatives had committed even a criminal offence goes to show that their act was not at all voluntary and the fiscal interest of the factories must have been their sole and primary consideration for such conduct ..... 313 of the code is over. with the amendment of the code of 1898 in 1955 and under the new code of 1973 the procedure relating to all varieties of criminal trials, excepting warrant cases on private complaints, has been simplified. the procedure in respect of trials according to warrant procedure in private complaints, however, continues to be cumbersome and ..... has to try the case according to the procedure prescribed for trial of warrant cases instituted otherwise than on police report by a magistrate (sections 252 to 258 of 1898 crpc) section 252 requires that when accused is brought before a court, the court shall proceed to hear the complainant and take all such evidence as may be produced in support .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1980AP236
..... bill. as i read it, this measure is the embryonic expression of a necessitous legislative project, which, if full fledged, will work a relentless break through towards catching, through the compulsive criminal process, the higher inhabitants of indian public and political decks, who have in practice, remained 'untouchable' and 'unapproachable' to the rule of law. 'operation clean up' is a 'consummation devoutly ..... public administration in our country which is made our charge under the constitution calls today for nothing less drastic. what is more, equality clause of our constitution as applied to criminal and civil liability calls for equal enforcement. it must be known to all those who exercise the powers of the state mala fide and in utter abuse of authority that .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant1; AIR1958Mys1; 1958CriLJ54; ILR1957KAR81; (1957)35MysLJ237
..... section 149 of the penal code, the learned sessions judge mentions the common knowledge of the unlawful assembly as the bringing of 'illegal compulsion with criminal intention on the dancing girls seshamma and chandramma'. it is difficult for me to understand what exactly the learned sessions judge meant by this ..... the town of chincholi were members of an unlawful assembly and in prosecution of the common object of which namely in bringing illegal compulsion with criminal intention on the dancing girls named seshamma and chandramma and or to cause hurt to the deceased sidramappa bhandari s/o irappa aged 32 ..... and time mentioned above were a member of an unlawful assembly and in prosecution of the common object of which namely in bringing illegal compulsion with criminal intention on the dancing girls seshamma and chandramma and or to cause hurt to the deceased sidramappa, one of the members, you, ..... (vide (s) : 1956crilj121 (a).) the question therefore is whether in this case the sessions judge violated the provisions of section 309 of the criminal procedure code and if so, in respect of which of its requirements? as i have mentioned above, there were altogether four charges in the case on which ..... which the accused were tried. it is argued that the omission to so conform to the requirements of section 309 of the code of criminal procedure was an incurable illegality vitiating and invalidating the convictions of the accused. reliance is placed in support of this contention on the decision .....Tag this Judgment!
Court : US Supreme Court
..... compulsion was unlawful under marchetti, [ footnote 6 ] knox may have a defense to page 396 u. s ..... , after this court had remanded for reconsideration in light of marchetti, see 390 u. s. 338 (1968), the court of appeals ruled that truthful disclosures made under the compulsion of 4412 could not be introduced against their maker in a criminal proceeding. however, the fifth amendment was offended in lookretis precisely because the defendant had succumbed to the statutory ..... pressure under which he found himself by communicating false information, this was simply not testimonial compulsion. knox's ground for complaint is not that his false information inculpated him for a prior or subsequent criminal act; rather, it is that, under the compulsion of 4412 and 7203, he committed a criminal act, that of giving false information to the government. if the ..... compulsion by furnishing the requested incriminatory information. knox does not claim that his prosecution is based upon any incriminatory information contained in the forms he filed, nor that .....Tag this Judgment!
Court : Kolkata
Reported in : (1997)1CALLT255(HC)
..... observations of the learned judge obviously do not warrant that a civil suit of the present nature will have to be stayed on the ground of protection against testimonial compulsion simply because a criminal proceeding is also pending on the same manner. on the other hand what is indicated in the quoted observation is that the import of the protection against the ..... (3) of the constitution falls for consideration in this application. it is to be noted that one of the fundamental principles of british system of criminal jurisprudence is that there is total prohibition as regards the compulsion of self-incrimination. the indian law also provides an immunity on the basis of such compelled evidence. the supreme court decision in the case of ..... the civil suit or in examining himself as a witness to protect his own interest in such suit. the rule against testimonial compulsion does not go to the extent of making the accused a universally privileged person. even in criminal proceedings the law requires that the accused has to be asked to plea whether he is guilty or not guilty of the ..... as a constitutional right is in fact not wholly so. apart from what is sliced out in the constitutional protection against testimonial compulsion contained as fundamental right in article 20(3), the right of the accused to maintain silence in criminal proceedings is not a constitutional right, is only a privilege arising out of the jurisprudential principles generally recognised in the administration .....Tag this Judgment!
Court : House of Lords
..... use of such testimony may be especially harmful. it follows that what is of the essence in this context is the use to which evidence obtained under compulsion is put in the course of the criminal trial." relying on saunders, and section 3(1) of the human rights act 1998, counsel for the defendant invited the court to reconsider sat-bhambra. on ..... of england (1883), vol ii, p 106. edwards, drawing attention to the absence of satisfactory modern authority, inferred that the defence must be very rare: "compulsion, coercion and criminal responsibility" (1951) 14 mlr 297. professor hart described duress as a defence of which little is heard: punishment and responsibility (1960), p 16. this has changed. as dennis correctly observed ..... also, that he [the defendant] was not a party to any association or conspiracy the being party to which rendered him subject to such compulsion." a qualification to very similar effect is to be found in the criminal codes of queensland (section 67(3)(b) and (c)), tasmania (section 20(1)), the northern territory of australia (section 41(2)), western australia (section ..... ." the court found it possible to distinguish r v baker and ward, observing: "it is the awareness of the risk of compulsion which matters. prior awareness of what criminal activity those exercising compulsion may offer as a possible alternative to violence is irrelevant." the facts in r v harmer (court of appeal: may lj, goldring and gross jj, 12 december 2001,  crim .....Tag this Judgment!
Court : US Supreme Court
..... . s. 262 petitioners' interpretation of 6002 imposes risks on the deponent whether or not the deposition testimony properly can be used against him in a subsequent criminal prosecution. [ footnote 22 ] accordingly, the district court's compulsion order in this case, in the absence of statutory authority or a new grant of immunity by the united states attorney, cannot be justified by the ..... ; the witness need only show a realistic possibility that his answer will be used against him. moreover, the fifth amendment forbids not only the compulsion of testimony that would itself be admissible in a criminal prosecution, but also the compulsion of testimony, whether or not itself admissible, that may aid in the development of other incriminating evidence that can be used at trial ..... testimony solely upon a finding that the witness' answers could not properly be used against him in a later criminal proceeding. [ footnote 2/1 ] this court's decision in page 459 u. s. 267 kastigar v. united states, supra, does not support such compulsion. in kastigar, the court was concerned with a federal statute that permits a united states attorney, a federal .....Tag this Judgment!