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Prabha Shankar Dubey vs State Of Madhya Pradesh on 2 December, 2003 cites

Nazir Ahmad vs Emperor (No. 2) on 16 June, 1936

Though there cannot be any quarrel with the general principle highlighted by learned counsel for the appellants that if a thing is required to be done in a particular way it should be done in that way, the position here is different in view of our conclusions that the requirements of Section 50 of the Act were sufficiently complied with. The general principle as noted has been stated illuminatingly in Nazir Ahmad v. King-Emperor (AIR 1936 P.C. 253), and later by this Court in State of Uttar Pradesh v. Singhara Singh and Ors. (1964 (4) SCR 485). What the concerned officer is required to do is to convey about the choice the accused had. The accused (suspect) has to be told in a way that he becomes aware that the choice is his and not of the concerned officer, even though there is no specific form.
Bombay High Court Cites 23 - Cited by 800 - Full Document

State Of Uttar Pradesh vs Singhara Singh And Others on 16 August, 1963

Though there cannot be any quarrel with the general principle highlighted by learned counsel for the appellants that if a thing is required to be done in a particular way it should be done in that way, the position here is different in view of our conclusions that the requirements of Section 50 of the Act were sufficiently complied with. The general principle as noted has been stated illuminatingly in Nazir Ahmad v. King-Emperor (AIR 1936 P.C. 253), and later by this Court in State of Uttar Pradesh v. Singhara Singh and Ors. (1964 (4) SCR 485). What the concerned officer is required to do is to convey about the choice the accused had. The accused (suspect) has to be told in a way that he becomes aware that the choice is his and not of the concerned officer, even though there is no specific form.
Supreme Court of India Cites 21 - Cited by 785 - A K Sarkar - Full Document

Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996

172). With reference to the questions that were formulated for determination in Baldev Singh's case (supra), it was submitted that the sanctity that is attached to the compliance with the requirements has to be culled out from references made to the principles under the Preventive Detention Laws, The Fifth Amendment to the American Constitution and the imperative and obligatory nature of the duty as indicated in D.K. Basu v. State of West Bengal (1997 (1) SCC 416). The Act provides stringent measures attached for infraction. That itself brings in the necessity to ensure strict compliance with the requirements. What has been done in the instant case is not in any way compliance with the requirements as there was no specific information given about the right. It is pointed out that in some cases, this Court has said that substantial compliance would be sufficient which is against the settled position in law that in respect of penal statutes substantial compliance will not be sufficient.
Supreme Court of India Cites 27 - Cited by 2221 - K Singh - Full Document
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