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1 - 10 of 19 (0.53 seconds)Article 14 in Constitution of India [Constitution]
Article 141 in Constitution of India [Constitution]
The Code of Criminal Procedure, 1973
State Of Bihar vs Ramdaras Ahir And Ors. on 6 August, 1984
Since the issue in Ramdaras Ahir's case had arisen only in the context of a capital charge and the reversal of an acquittal thereon, the examination and the adjudication of the question was confined to a case of that nature. From that it does not follow that - some part of its rationale or the ratio itself would not be equally attracted in cases other than those on a capital charge or ones not directly involving the reversal of an acquittal. However, these are issues which can only be justifiably examined when they properly arise in a case and cannot be pronounced upon in an academic vacuum.
State Of Maharashtra vs Champalal Punjaji Shah on 12 August, 1981
Champalal Punjaji Shah's case is thus distinguishable and on this point is only authority for the proposition that in cases other than those on a capital charge a delay occasioned by the accused's own conduct or obstructive tactics cannot avail any benefit to him.
A. K. Roy, Etc vs Union Of India And Anr on 28 December, 1981
In the case of A. K. Roy v. Union of India reliance was placed on some of the provisions of American Constitution and also on American decisions and it has been held as follows:
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
13. In India, there appears to be an acute and, indeed total paucity of precedents on the point of legal consequences that must flow in the wake of violation of the constitutional guarantee of speedy and public trial. The question was pointedly raised in Hussainara, . Khatoon's case , but was not answered in terms. However, the possibility of the accused being entitled to be released unconditionally from the charge levelled against him was distinctly visualised and seems to have been implicitly recognised. However, the issue has been the subject matter of consideration in the American Courts, and as would be shown later, these precedents on the Sixth Amendment would be applicable and attracted to the situation.