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P. RAMA CHANDRA RAO vs. STATE OF KARNATAKA

SCR Citation: [2002] 3 S.C.R. 60
Year/Volume: 2002/ Volume 3
Date of Judgment: 16 April 2002
Petitioner: P. RAMA CHANDRA RAO
Disposal Nature: Appeals Allowed
Neutral Citation: 2002 INSC 203
Judgment Delivered by: Hon'ble Mr. Justice R.C. Lahoti,Hon'ble Mr. Justice Doraiswamy Raju
Respondent: STATE OF KARNATAKA
Case Type: CRIMINAL APPEAL/535/2000
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950 - Article 21 - Right to speedy trial - Criminal Proceedings - Limitation bar provided by judgment of smaller Benches of Supreme Court-Held, such bar contrary to law laid down by larger Bench in Antulay's case - Limitation bars not good law, since the same would amount to impermissible legislation and contrary to law of precedent - To effectuate the right to speedy trial, powers under Sections 309, 311, 258 and 482 of Code of Criminal Procedure and Articles 226 and 227 of Constitution could be exercised-Code of Criminal Procedure, 1973 - Sections 309, 311, 258 and 482.

Doctrines :

Doctrine of precedent - Pronouncements by smaller Benches contrary to law laid down by larger bench - Smaller Bench is bound by view expressed by larger Bench.

Judicial Review:

Held, is restricted to declaring and interpreting law and removing obvious lacunae and filling the gaps - Not to entrench upon the field of legislation which is meant for legislature - Constitution of India, 1950 - Articles 32, 21, 141, 142 - Code of Criminal Procedure, 1973 - Chapter XXXVI.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Constitution of India
  • Doctrines
  • Code of Criminal Procedure
5. Equivalent citation
    Citation(s) 2002 AIR 1856 = 2002 (4) SCC 578 = 2002 (4) Suppl. SCC 578 = 2002 (4) JT 92 = 2002 (4) Suppl. JT 92 = 2002 (3) SCALE 497