G. Jayaprakash, M.L., Advocate, Erode, Tamilnadu. Cell: 98948 95555. CRLJ APRIL 2014 IMP. DECISIONS Order of preventive detention is to be approved by Government within 12 days. This period of 12 days is to be reckoned from date of detention and not from date of order. 1310 (Ker) Cognizance of electricity offences can be taken on basis of police report. 1317(SC) Power to grant pardon, remit or commute sentence is not an act of grace. It is constitutional duty to be exercised on aid and advice of Council of Ministers. 1327(SC) Delay in execution of death sentence violates Art. 21. 1327(SC) Provisions of Karnataka Lokayukta Act do not impliedly repeal provisions of Criminal P.C. Launch of prosecution by complainant by invoking provisions of P.C. Act read with Criminal P.C. is not curtailed by enforcement of Karnataka Lokayukta Act. 1469(Kar) Registration of solitary FIR for offences under Bombay Prohibition Act against detenu is not sufficient to term him as ‘bootlegger’. 1539(Guj) Gram Rakshi iIs not a police officer. Confession made by accused before Gram Rakshi is admissible in evidence. 1630 (Ori) Power of transfer complaint case inter State is reserved to Supreme Court under S. 406, Cr.P.C. Magistrate cannot transfer a case before him outside the State if after taking cognizance he finds that he has no territorial jurisdiction to try the case. 1645(Mad) Exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, in executable. 1681(SC) Detention order can be challenged at pre-execution stage by proposed
Posted on: Wed, 19 Mar 2014 10:05:26 +0000
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