Search Results Page
Search Results
1 - 10 of 13 (0.97 seconds)Section 122 in The Negotiable Instruments Act, 1881 [Entire Act]
V.K.Bansal vs State Of Haryana & Ors.Etc.Etc on 5 July, 2013
13. Though this provision has fallen for scrutiny
of this Court umpteen times, we can profitably
refer to one of the recent pronouncements in V.K.
Bansal v. State of Haryana where it was held that
though it is manifest from Section 427(1), that the
Court has the power and discretion to issue a
direction that a subsequent sentence shall run
concurrently with the previous sentences, the very
nature of the power so conferred, predicates that
the discretion, would have to be exercised along
judicial lines or not in a mechanical or pedantic
manner. It was underlined that there is no cut and
dried formula for the court to follow, in the
exercise of such power and that the justifiability or
otherwise of the same, would depend on the
nature of the offence or offences committed and
Section 427 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Gujarat vs Zaverbhai Kababhai on 10 January, 1995
12. Similarly a direction for concurrent running of
sentence has been declined by the same High Court
in State of Gujarat v. Zaverbhai Kababhai [1996 Cri LJ
1296 (Guj)] which related to an offence of rape
committed at different places resulting in conviction in
each one of those offences in different prosecutions. The
High Court observed: (Cri LJ p. 1298, para 11)
Mulaim Singh vs State on 22 May, 1974
13. There are also cases where the High
Courts have depending upon whether facts forming
the basis of prosecution arise out of a single
transaction or transactions that are akin to each
other directed that the sentences awarded should
run concurrently. As for instance the High Court of
Allahabad has in Mulaim Singh v. State [1974 Cri LJ
1397 (All)] directed the sentence to run
concurrently since the nature of the offence and
the transactions thereto were akin to each other.
Suffice it to say that the discretion vested in the
Court for a direction in terms of Section 427 can
and ought to be exercised having regard to the
nature of the offence committed and the facts
situation, in which the question arises.
Mohd. Akhtar Hussain Alias Ibrahim ... vs Assistant Collector Of Customs ... on 31 August, 1988
In Madan Lal case [State of
Punjab v. Madan Lal, (2009) 5 SCC 238 : (2009) 2
SCC (Cri) 650] this Court relied upon the decision
in Akhtar Hussain case [(1988) 4 SCC 183 : 1988
SCC (Cri) 921] and affirmed the direction of the
High Court for the sentences to run concurrently.
That too was a case under Section 138 of the
Negotiable Instruments Act. The State was
aggrieved of the direction that the sentences shall
run concurrently and had appealed to this Court
against the same. This Court, however, declined
interference with the order passed by the High
Court and upheld the direction issued by the High
Court.
Article 226 in Constitution of India [Constitution]
State Of Punjab vs Madan Lal on 5 March, 2009
In Madan Lal case [State of
Punjab v. Madan Lal, (2009) 5 SCC 238 : (2009) 2
SCC (Cri) 650] this Court relied upon the decision
in Akhtar Hussain case [(1988) 4 SCC 183 : 1988
SCC (Cri) 921] and affirmed the direction of the
High Court for the sentences to run concurrently.
That too was a case under Section 138 of the
Negotiable Instruments Act. The State was
aggrieved of the direction that the sentences shall
run concurrently and had appealed to this Court
against the same. This Court, however, declined
interference with the order passed by the High
Court and upheld the direction issued by the High
Court.