Search Results Page

Search Results

1 - 10 of 27 (0.59 seconds)

The State Of Bombay vs Atma Ram Sridhar Vaidya on 25 January, 1951

In support of his contention that the right of defence of the arrested person given by cl. (1) of Art. 22, should be restricted to trial of offences in which the accused is in jeopardy of being deprived of his life or liberty, Mr. Sen relied upon the observations of Das, J. in State of Bombay v. Atma Ram Sr.dhar Vaidya(1) that Art. 22 sets forth certain procedural requirements which, as a matter of constitutional necessity, must be adopted and included in any procedure that may be enacted by the legislature and it accordance with which a person may be deprived of his life or personal liberty.
Supreme Court of India Cites 20 - Cited by 283 - H J Kania - Full Document

The State Of Punjab vs Ajaib Singh And Another on 10 November, 1952

As soon as the respondents were arrested without warrants issued by a Court, they acquired the rights guaranteed by cl. (1) of Art. 22. It is true that they were subsequently released on bail and at the time of the trial before the Nyaya Panchayat they were not being detained. But the right attaching to them on their arrest continued though they were not under detention at the time of the trial. The right was not lost because they were released on bail. The respondents were arrested otherwise than under a warrant issued by a Court on the accusation that they had committed crimes. Their arrests, therefore, satisfy the test laid down in Ajaib Singh's case(1), and are within the purview of cl. (1) of Art. 22. We express no opinion on the question whether the test of an arrest laid down in that case is exhaustive.
Supreme Court of India Cites 34 - Cited by 118 - Full Document

A.K. Gopalan vs The State Of Madras.Union Of India: ... on 19 May, 1950

He also relied upon the following ob- servations of Das, J. in A. K. Gopalan v. The State(1) at p. 325 "Clauses (1) and (2) of Article 22 lay down the procedure that has to be followed when a man is arrested." For the purposes of this case, let us give these observations their full effect. When any person is arrested, he is deprived of his liberty, the procedure third down in cl. (1) of Art. 22 must then be followed, and he must be allowed the right to be defended by counsel of his choice. No (1) [1951] S.C.R. 167,204.
Supreme Court of India Cites 106 - Cited by 1309 - H J Kania - Full Document
1   2 3 Next