CiteTEXT
...consent in certain prosecutions for rape, involving such custodians. Section 327 of the Code of Criminal Procedure which deals with the right of an accused to an open trial was also amended by...addition of sub-sections 2 and 3 after renumbering the old section as sub-section (1). Sub-sections 2 and 3 of Section 327 CrPC provide as follows:“327. Court to be open...in camera. The expression that the inquiry into and trial of rape “shall be conducted in camera” as occurring in sub-section (2) of Section 327 CrPC is not only significant but very important. It casts...
...contemplated under Section 327 CrPC. The other objection raised was that under Section 327 CrPC it is only the trial judge, the Sessions Judge who could for any special reasons hold the trial in camera...particular part of the proceedings and the High Court has no jurisdiction under Section 327 to order trial to be held in camera or private and in fact as the trial was shifted to Tihar Jail it ceased...referred to the concept of administration of justice under the old Hindu Law. But apart from it even the Criminal Procedure Code as it stood before the amendment had a provision similar to Section 327 which...
...Session may hold its sitting at a place other than its ordinary place of sitting are considerations of the interest of justice, expeditious hearing of the trial and the requirement of a fair and open...and therefore on this ground the trial vitiated. It was also contended that provisions contained in Section 327 CrPC clearly provides that a trial in a criminal case has to be public and open except if...) notified the place of trial as Tihar Jail, it indirectly did what the trial court could have done in respect of particular part of the proceedings and the High Court has no jurisdiction under Section 327 to...
....”7. We may also refer to Section 327 of the Code of Criminal Procedure, 1973 (for short “CrPC”) which provides that courts should be open and normally public should have access to the courts.... Sub-section (2) of Section 327 was inserted by the same Amendment Act 43 of 1983. Section 327, as amended, reads as follows:“327. Court to be open.—(1) The place in which any...IPC clearly lays down that nobody can print or publish any matter in relation to any proceedings falling within the purview of Section 228-A and in terms of Section 327(2) CrPC. These are in-camera...
...the legal proceedings and would have an adverse impact on the society as a whole. We are, therefore, of the opinion that it will not be in the larger interest of the State or the people to alter the...dispensed with, in the presence of his pleader.”Sub-section (1) of Section 327 CrPC lays down that any criminal court enquiring into or trying any offence shall be deemed to...legislature while incorporating sub-section (2) to Section 327 by amending Act 43 of 1983 failed to take note of offences under Sections 354 and 377 IPC and omitted to mention the aforesaid provisions...
...
that the requirement of Section 327 is fulfilled because as per the MLC report
injury is also found over the body of the complainant.
Considering the aforesaid and the nature of..., ingredient of Section 327 is not available.
Shri Gangrade, learned Panel Lawyer appearing for the
respondent/State on the other hand opposes the bail application and submits...applicant is apprehending his arrest in Crime No.371/2021
registered at Police Station Ramnagar, District Anuppur, for the offence
punishable under Sections 294, 323, 327 and 506 of...
...question is, therefore, what is the law on the subject. Section 327 of the Code of Criminal Procedure, 197311 (hereinafter referred to as Cr.P.C) provides in the first instance for.... Therefore, the questions which come to fore are:—(i) Is open trial, a rule?(ii) Does Sub Section (2) of Section 327 of Cr.P.C, which provides for an...in camera trial in a rape case, envisage access? If so, in what manner?(iii) What are the factors to be kept in mind when, a Court decides to exercise its power under Section 327 (2) of...
...Constitution of India, filed by the writ petitioner - Moser Baer Karamchari Union have prayed for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 (hereinafter...-section (7) in Section 327 of the Companies Act, 2013, which puts statutory bar on the application of Sections 326 and 327 of the Companies Act, 2013, to the liquidation proceedings under the IBC....5. It is further prayed that sub-section (7) of Section 327 of the Companies Act, 2013, be declared as unreasonable and violative of Article 14 of the Constitution of India...
...) of Section 327 CrPC should also apply in inquiry or trial of offences under Sections 354 and 377 IPC.’43. In...tried and inquired on the same principles mentioned under sub-section (2) of Section 327 CrPC.13.2. While holding the trial of rape or child sex abuse, some sort of...victims, other witnesses may not have any personal interest in the outcome of a case. They still help the judicial system. In the words of Whittaker Chambers, a witness is“a man...
...the appeals.26. Section 327 of the Act prohibits any person from erecting or re-erecting any building without written permission from the Corporation. Section 328 provides...obtained by Priyanka Estates International (P) Ltd. then it would not be detrimental to the interest of the appellants, provided there is sanction and approval of plans by the Corporation for...authorities, no one should enter into agreement to purchase flat/flats from the builder. It is, therefore, to be construed that public notice will hold good even with regard to adherence to the requirement...
...and 323/34 of IPC against the respondents. So for additional
framed charges of section 323/34 of ipc is concerned, I am of the view that
such charge was covered under Section 327 of IPC...and for that purpose no
further cross-examination of any examined witnesses was required because of
on appreciation of evidence instead the offence of Section 327 of IPC the
offence of Section 323 of...offence of section 327 of IPC. So far the
charge under section 325/34 of ipc is concerned the same was not covered by
any of the existing charge framed earlier. Therefore, further cross-
examination of...
...Criminal Case No. 4818 of 1997 has been challenged by the petitioner in this petition.3. It will be profitable to extract Section 327 of the Code of Criminal Procedure..., 1973, which reads as under:Section 327. Court to be open.-[(1)] The place in which any criminal court is held for the purpose of inquiring into or trying any offence shall be...Section 327, Criminal Procedure Code, 1973, which provides that public should have access to, or remain in the room or building used by a Court, exce...
...exercised its power under sub-Section (4) of Section 49 read-with Section 327 of the Rajasthan Municipalities Act, 2009 (hereafter the Act of 2009).
3. Learned Senior...been passed on a wrong premise by the State Government by invoking provisions under sub-Section (4) of Section 49 and under Section 327 of the Act of 2009.
12. Learned...passing the resolution.
18. Learned Senior counsel submitted that the State Government has further wrongly exercised its revisional power under Section 327 of the Act of...
...punishable under Section 329 of IPC, injuries caused to the victim must be grievous otherwise only offence under Section 327 of IPC may be constituted, which is triable by the Court of Judicial...therefore, prima facie no offence under Section 329 of IPC was made out. At the most offence under Section 327 of IPC may be constituted, which is triable by the Court of Judicial Magistrate First Class...interest that the reasons for the order passed by the Administrative Authority be recorded in the order and be communicated to the aggrieved party and it may dispense with such a requirement." 16...
...equivalent to the Principal District Judge). The officer had granted bail by noting in the order that Section 327 of the Penal Code, 1860 was bailable whereas the offence is non-bailable and an unrecorded...notice, require him in public interest to retire from the service on the date on which such a government servant completes thirty years of qualifying service or attains fifty years of age or on any date...main contentions raised on behalf of the petitioners are that their retirement is not in the public interest : their entire service record especially the contemporaneous record has not been taken...
...(for short ‘the Act’) or the Rules framed thereunder. What is contemplated is that completion certificate in terms of Section 327. I will deal with this a little later. Learned counsel for the...in regard to the concept of occupation certificate, there was no such provision inf law. The only similar statutory requirement is of a “completion certificate”, which is contemplated under Section...the notice of completion, to communicate his refusal to grant such permission, such person may make a representation in writing to the Chief Councillor.6. Section 327 of the Act...
...SC/ST (POA) cases Jhalawar, whereby the accused-appellant has been convicted for the offences punishable under section 327 and 326 ipc. He has been awarded the sentence of one year and two years...medically examined. His blood stained cloths were seized vide Ex.P3. It is pertinent to note that nothing adverse has come out in his cross- examination. The statement of PW-1...
...(2) of Section 327 CrPC should also apply in inquiry or trial of offences under Sections 354 and 377 IPC.”43. In...constitutional obligation and duty to protect the life and liberty of its citizens. That is the fundamental requirement for observance of the rule of law. There cannot be any deviation from this requirement...
...the Revision Petition filed under Section 327 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘the Act of 2009’)-
2. Learned counsel for the...petitioner submitted that Revision Petition filed under Section 327 of the Act of 2009 had challenged the decision dated 06.07.2020, passed by the Municipal Council, Beawar...petitioner submitted that if at all such application for impleadment was to be considered by impleading the applicants as party respondents in the revision petition, the minimum requirement of giving an...
...the complainant and Devendra with wooden stick and admittedly the injuries found on their body are simple in nature. Offence under Section 327 of IPC is not made out against the applicant, therefore....) for offence punishable under Sections 323, 294, 506, 452, 336, 147, 148, 327 and 458 of IPC.
3. Prosecution case, in brief, is that complainant and applicant as...injured-Mamta was grievous in nature. Matter is still under investigation and weapons used in the crime are yet to be recovered, therefore, requirement of applicant's custodial interrogation cannot be...