sentence
by Magistrate, if violative of fundamental right to
protection against double jeopardy-Constitution of India,
Art. 20(2) -Sea Customs ... them by the Courts below infringed
the constitutional protection against double jeopardy
afforded by Art. 20(2) Of the Constitution.
Held
issue-estoppel is not the same as the plea of
double jeopardy or autre fois acquit is also clear from the
statement ... shall be subject, for the same offence, to be
twice put in jeopardy of life or limb, proceeds on the same
principle.
It is common
The State Of Punjab vs Sodhi Sukhdev Singh on 15 November, 1960
Equivalent citations: 1961
I.C. Golak Nath And Ors. vs State Of Punjab And Anr. on 27 February
Acts in the Ninth
Schedule would be exposed to serious jeopardy. [948 E--H;
949 A-B]
(iii) Parliament in enacting the impugned ... case was declared, would also be
exposed to serious jeopardy. These are consideration, which
are both relevant and material in dealing with the plea
urged
I. C. Golaknath & Ors vs State Of Punjab & Anrs.(With Connected ... on 27
protection
against the enforcement of ex-post-facto laws or against
double-jeopardy or against compulsion of -self-incrimination
is available to all persons
facts
existing in 1952 that a right to property was in jeopardy
and mainly because the effect of the new law upon the rights
such
judicial
tribunal necessary for the purpose of supporting the plea of
double jeopardy. In the result the conclusion of this Court
was that when ... Thus considered the constitutional right guaranteed by Art.
20(2) against double jeopardy can be successfully invoked
only where the- prior proceedings on which reliance
jeopardy a second time which would contravene s. 403 of the
Criminal Procedure Code.
We therefore allow this appeal, set aside the order
