Supreme Court · 1991 INSC 145 · Decided 10 July 1991
Ashok Kumar Alias Golu v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1991 INSC 145 · [1991] 2 S.C.R. 858
- Case number
- WRIT PETITION (CRIMINAL) No. 96/1989
- Decided
- 10 July 1991
- Bench
- A.M. AHMADI, P.B. SAWANT, S.C. AGRAWAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 45, 54, 55, 57; CrPC Section 433A, 72, 161; Constitution Article 14, 21, 245, 246, 72, 161, 433A
Headnote
c D Constitution of India, 1950: Articles 14 and 21, 245 & 246-­ lnsertion of S. 433A into the Code of Criminal Procedure, 1973- -Validity of-Colourable legislation or legislative fraud-Meaning of­ Doctrine of pith and substance-Applicability of. Articles 72, 161: Clemancy-Powers to the overriding powers of,clemency. Indian Penal Code, 1860; Sections 45, 54, 55 and 57-Fixing terms of imprisonment-'Life imprisonmenf-Whether imprisonment for full span of life. Sections 54 and 55: Whether subject to overriding powers of Arti­ cles 72/ 161 of the Constitution of India. E
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