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1 - 10 of 13 (0.40 seconds)The Code of Criminal Procedure, 1973
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Article 161 in Constitution of India [Constitution]
Article 72 in Constitution of India [Constitution]
Union Of India vs V. Sriharan @ ,Murugan & Ors on 2 December, 2015
In Union of India v. V. Sriharan alias Murugan and
Others4, a Constitution Bench of this Court by majority
reaffirmed the alternative option as laid down in Swamy
Shraddananda (2)3 restricting the principle to be applied
only by the Constitutional Courts, the Supreme Court and
the High Courts. While upholding the principle of
alternative sentencing, it was also held that this would not
affect the power conferred under Articles 72 & 161 of the
Constitution of India. It is on the same principle that we say,
the Sessions Court is not competent to interfere with or
curtail the effect of the provisions of the Cr.PC.
Section 432 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 435 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Swamy Shraddananda@Murali Monahar ... vs State Of Karnataka on 22 July, 2008
10. The learned counsel for the appellant relied on the
decision in Navas Alias Mulanavas v. State of Kerala2 in
which the principle under Swamy Shraddananda (2) v.
State of Karnataka3 was employed to confirm the sentence
imposed by the High Court of a life sentence without
remission but modifying the period of 30 years
imprisonment to that of a period of 25 years of imprisonment
without remission.