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Judgment Search Results Home > Cases Phrase: crpc Court: supreme Year: 1979 Page 1 of about 610 results (0.033 seconds)

Feb 09 1979 (SC)

Rajendra Prasad Vs. State of Uttar Pradesh

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 07 1979 (SC)

V.C. Shukla Vs. State Through C.B.i.

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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Dec 05 1979 (SC)

Rajput Ruda Meha and ors. Vs. State of Gujarat

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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Feb 22 1979 (SC)

Bishnu Deo Shaw Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1979SC964; 1979CriLJ841; (1979)3SCC714; [1979]3SCR355

..... of having a son foisted on him. we do not think that the mere use of adjectives like 'cruel and brutal' supplies the special reasons contemplated by section 354(3) criminal procedure codecriminal procedure codecriminal procedure code. in the light of the principles enunciated in rajendra prasad v. state of u.p. : 1979crilj792 and in the light of what we have said earlier, we do not think ..... and movement. prior to 1955, section 367(5) of the crpccrpccrpc 1898 insisted upon the court stating its reasons if the sentence of death was not imposed in a case of murder. the result was that it was thought that in ..... was the normal sentence for murder and the sentence of death could be imposed only if there were aggravating circumstances. in the crpccrpccrpc of 1973, there is a further swing towards life imprisonment. section 354(3) of the new code now provides:when the conviction is for an offence punishable with death or, in the alternative imprisonment for life or imprisonment for ..... elucidation of the principles in rajendra prasad v. state of uttar pradesh. (supra)24. section 302 indian penal code prescribes death or life-imprisonment as the penalty for murder. while so, the crpccrpccrpc instructs the court as to its application. the changes which the code has undergone in the last 25 years clearly indicate that parliament is taking note of contemporary criminological thought .....

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May 04 1979 (SC)

Dalbir Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

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

..... 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 crpccrpccrpc by indulging in classification of murders such as white collar offences and nonwhite collar offences or laying down so-called guidelines for imposition of the extreme penalty, would amount to ..... in the 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 death penalty must ..... to the other extreme and the guideline given is that the 'special reasons' must relate 'not to the crime as such but to the criminal' for which there is no warrant in section 354(3) of the crpccrpccrpc,30. i may also venture to say, the obsession to get the death penalty abolished from the statute book, i.e., indian penal ..... if i may say so, with respect, would be unwarranted and contrary to section 302 of the indian penal code read with section 354(3) of the crpccrpccrpc. section 302 of the indian penal code gives a choice while section 354(3) of the code merely requires 'special reasons' to be indicated for imposing the death penalty. nothing is stated whether the 'special .....

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Dec 13 1979 (SC)

Dhanabal and anr. Vs. State of Tamil Nadu

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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Feb 20 1979 (SC)

M. Karunanidhi Vs. Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1979SC898; 1979CriLJ773; (1979)3SCC431; [1979]3SCR254

..... court by the appellant for quashing the order of the special judge, madras dated 4th january, 1977 refusing to discharge the appellant under section 239 of the crpccrpccrpc (hereinafter referred to as the code).2. the facts of the case have been detailed in the judgment of the high court and it is not necessary for us to repeat the same all ..... for doing public duty and, in my opinion, a minister is a 'public officer' within the meaning of section 80 as defined in section 2(17)(h) of the civil procedure codecivil procedure codecivil procedure code.68. the opinion expressed by the learned judge is clearly in consonance with the view that we have taken in this case.69. three facts, therefore, have been proved beyond ..... after the expiry of one year from the date on which the action complained against becomes known to the complainant.10. procedure in respect of investigation of criminal misconduct : (1) the procedure for conducting any investigation in respect of a complaint of criminal misconduct against any public man shall be such as the commissioner or the additional commissioner considers appropriate in the circumstances of ..... be 'in addition to and hot in derogation with any other law for the time being in force' which manifestly includes the central acts, namely, the indian penal code, the corruption act and the criminal law (amendment) act. thus, the legislature about a month before the main act came into force clearly declared its intention that there would be no question of .....

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Jan 10 1979 (SC)

Ram Lal Narang Vs. State (Delhi Administration)

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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Sep 18 1979 (SC)

V.S. Kuttan Pillai Vs. Ramakrishnan and anr.

Court : Supreme Court of India

Reported in : AIR1980SC185; 1980CriLJ196; (1980)1SCC264; [1980]1SCR673

..... state of gujarat : 1965crilj256 , and an earlier decision of v. khalid, j. of kerala high court, no search warrant could be issued under section 91 of the crpccrpccrpc, 1973 ('new code' for short), and accordingly directed that anything recovered pursuant to the search warrant issued by him be returned to the person from whom the same were recovered. the order ..... accused of an offence calling upon him to produce document of thing considered necessary or desirable for the purpose of an investigation, inquiry, trial or other proceeding under the crpccrpccrpc'11. if summons as hereinbefore discussed cannot be issued to an accused person under section 91(1), ipso facto a search warrant contemplated by section 93(1)(a) ..... that the constitutional protection under article 20(3) would be defeated by the statutory provisions for searches.it was concluded that a search under the enabling provisions of the criminal procedure codecriminal procedure codecriminal procedure code cannot be challenged as illegal on the ground of violation of article 20(3). it must be made clear that the question whether there is any demerit of ..... this court as well as those bearing on the fifth amendment to the american constitution held that the provisions relating to search contained in section 93(1) of the criminal procedure codecriminal procedure codecriminal procedure code, 1973, are not hit by article 20(3) of the constitution.2. section 91 confers power on the court or an officer in charge of a police station .....

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Jul 27 1979 (SC)

B. Saha and ors. Vs. M.S. Kochar

Court : Supreme Court of India

Reported in : AIR1979SC1841; 1979CriLJ1367; 1979CENCUS461D; (1979)4SCC177; [1980]1SCR111

..... the quality of the act that is important, and if it falls within the scope and range of his official duties, the protection contemplated by section 197 of the criminal procedure codecriminal procedure codecriminal procedure code will be attracted.'17. in sum, the sine qua non for the applicability of this section is that the offence charged, be it one of commission or omission, ..... their immediate discharge, inter alia, on the ground that the magistrate had no jurisdiction to take cognizance of the complaint in the absence of sanction under section 197 of the crpccrpccrpc, 1898, and under section 155 of the customs act, 1962, for prosecution of the appellants.9. the magistrate accepted this objection and held that in the absence of ..... of is inseparably intertwined with the performance of the official duty of the accused and therefore, sanction under section 197(1) of the crpccrpccrpc for prosecution of the accused for an offence under section 409, indian penal code was necessary.24. shreekantiah rammayya (supra) was a case of that kind. the act complained of against the second accused in that ..... 3 s.c.r. 89 wherein it has been held that sanction under section 197, criminal procedure codecriminal procedure codecriminal procedure code for prosecution for an offence under section 409, indian penal code was not. necessary. in om parkash gupta's case (ibid) it was held that a public servant committing criminal breach of trust does not normally act in his capacity as a public servant. since .....

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