Search results for ‘SC 1976

In the scheme of the IPC culpable homicide is genus and `murder’ its species.

All `murder’ is `culpable homicide’ but not vice-versa. Speaking generally, `culpable homicide’ sans ‘special characteristics of murder is culpable homicide not amounting to murder’. For the purpose of fixing punishment, proportionate to the gravity of the generic offence, the IPC practically recognizes three degrees of culpable homicide. The first is, what may be called, `culpable homicide of the first degree’. This is the gravest form of culpable homicide, which is defined in Section 300 as `murder’.

STATE OF HARYANA Vs. RAMA DIYA [All SC 1990 APRIL]

According to Section 433(A) that a prisoner who has been sentenced to death and whose death sentence has been commuted into one of imprisonment for life and persons who have been sentenced to imprisonment for life for an offence for which death is one of the punishments provided by law should undergo actual imprisonment of 14 years in Jail. We are referring to Section 433(A) in this judgment only for a limited purpose of showing that after the introduction of this section, the life convicts falling within the purview of Section 433(A) has to undergo the mandatory minimum 14 years of actual imprisonment. It may be mentioned at this juncture that no one has got a vested right to claim premature release on the ground that he has suffered the minimum actual imprisonment as prescribed under Section 433(A) because a sentence of ‘imprisonment for life’ is incarceration until death, that is, for the remaining period of convicted prison’s actual life

A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC

RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.

The West Bengal Scheduled Castes And Scheduled Tribes (Identification) Act, 1994

Identification of members of Scheduled Tribes. – Any person belonging to any of the tribes or tribal communities or parts of or groups within tribes or tribal communities, specified in Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Tribes.