Essay about Conflict of Laws

Nandini Satpathy vs Dani (P. L. ) And Anr in 7 April, 1978

Supreme Court of India Nandini Satpathy as opposed to Dani (P. L. ) And Anr on 7 April, 1978 Equivalent details: 1978 AIR FLOW 1025, 78 SCR (3) 608 Table: Krishnaiyer, V. R. PETITIONER: NANDINI SATPATHY Vs . SURVEYS TAKERS: DANI (P. L. ) AND ANR. DATE OF JUDGMENT07/04/1978 BENCH: KRISHNAIYER, Sixth is v. R. COUNTER: KRISHNAIYER, Sixth is v. R. SINGH, JASWANT TULZAPURKAR, V. M. CITATION: 1978 AIR 1025 1978 SCR (3) 608 1978 SCC (2) 424 CITATOR FACTS: R lates 1970s SC 447 (7) RF 1981 SOUTH CAROLINA 379 (62) RF 1992 SC 604 (58) M 1992 SC1795 (7) WORK: Penal Code, (Act V). 1860-S. 179-Whether mens rea forms a crucial component of H. 179-Defences open under Section 179 My spouse and i. P. C. r/w Section 161 Felony Procedure Code. Criminal Procedure Code, 1973, S. 161(2)-Parameters of Section 161(2), what are-Whether it tends to expose a person to a criminal demand embrance answers which have an inculpatory impact in other criminal cases in posse or perhaps in esse elsewhere, -" Any person supposed to be acquainted" in S. 161 (1) If includes a great accused person or just a witness-When does a solution acquire confessional status within the meaning of S. twenty seven of Data Act. Indian Kanoon -- http://indiankanoon.org/doc/1938988/ 1

Nandini Satpathy vs Dani (P. L. ) And Anr in 7 Apr, 1978

" Right to silence", when applicable-Constitutional right beneath Art. 20(3) examined, discussed and made explicit- Meaning from the word " accused" taking place in Art. 20(3) whether it includes a suspect-accused-Constitution of India, 1950, Art. 20(3). Examination of a witness by Police underneath S. 161-Effect of proviso and marginal note, Crl. P C., 1973. HEADNOTE: The appellant, a former Primary Minister of Orissa and one time Minister at the Nationwide level was directed to appear at the Caution Police Train station, Cuttack, in September, 1977 for being examined in connection with an instance registered against her by Deputy Superintendent of Law enforcement officials, Vigilance, Cuttack u/s 5 (2) examine with h. 5 (1) (d) and (e) from the Prevention of Corruption Work and u/s. 161/165, 120B and 109 I. S. C. Within the strength in the first information, in which the appellant, her child and others had been shown because accused persons investigation was commenced. Throughout the investigation it was that she was interrogated with reference to a long thread of inquiries, given to her in writing. The gravamen of the accusation was one of acquisition of assets extraordinary to the known, licit sources of income and possible resources over time of the charged, who occupied a community position and exercised open public power for a long mean during which the appellant by receipt of illegal gratification aggrandised very little. Exercising her right of guaranteed underneath Art. 20(3) of the Constitution, the appellant refused to resolve, with the end result a complaint was submitted by the Mouthpiece Superintendent of Police, Caution (Directorate of Vigilance) Cuttack, against the appellant, under s. 179 We. P. C. before the Sub- Divisional Contencioso Magistrate, Tahu, Cuttack. The Magistrate got cognizance with the offence and issued subpoena of presence against the appellant-accused. Aggrieved by the action from the Magistrate and urging that the complaint did not and could not really disclose an offence, the accused- appellant removed the High Court docket under Fine art. 226 with the Constitution along with under s. 401 in the Cr. S. Code, tough the quality of the Magisterial proceeding. The broad submitting, unsuccessfully made before the Excessive Court, is that the demand rested after a failure to answer interrogations by police yet this demand was unsustainable because the umbrella of Fine art. 20(3) of the Constitution and the immunity below Section 161(2) of the Crystal reports. P. Code were large enough, to shield her in her refusal. The plea of unconstitutionality and illegality, put forward by this preemptive proceeding was rebuffed therefore, the appellant appealed to this Courtroom by qualification granted beneath Art. 132(1) resulting in two appeals. Allowing the is attractive and...



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