Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether S.432(7) Cr.P.C. clearly gives primacy to executive power of Union and excludes executive power of State where power of Union is co-extensive? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether Union or State has primacy over subject matter enlisted in List III of Seventh Schedule of Constitution of India for exercise of power of remission? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether there can be two appropriate Governments in a given case u/s.432(7) Cr.P.C.? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether suo motu exercise of power of remission u/s.432(1) is permissible in scheme of section, if yes, whether procedure prescribed in sub-cl.(2) of same section is mandatory or not? - Held, question referred to..........
Criminal Procedure Code, 1973, Section 435, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence -Whether term `consultation' stipulated in S.435(1) Cr.P.C. implies `concurrence'? - Held, question referred to Constitution Bench...........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Indian Penal Code, 1860, Section 53, 302, Constitution of India, 1950, Article 32, 72, 161 -- Death sentence - Undue delay in execution - Commutation of - Held, if there is undue, unexplained and inordinate delay in execution due to pendency of mercy petitions or executive as well as constitutional authorities have failed to take note of/consider relevant aspects, Supreme..........
Constitution of India, 1950, Article 32, 21, 72, 161, Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Delay in execution - Held, it is violative of Art.21 - Contention that matter must be referred back to executive and a decision must not be taken in judicial side liable to be rejected since it is not a question of judicial review but of protection of..........
Indian Penal Code, 1860, Section 354, 384, Constitution of India, 1950, Article 161 - - Punjab Jail Manual, 1916, Para.637 - Grant of special remissions to prisoners - Notifications dated 21.04.1982 and 07.11.1985 - Even after judgment of Supreme Court convicting appellant/prisoner on four counts, he did not surrender before any Court and warrants of arrest had to be..........
