Showing : 21-30 of 46 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Essential Commodities Act, 1955, Section 7, Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4-- Accused convicted and sentenced u/s 7 of Essential Commodities Act on the allegations of storing kerosene oil, diesel and petrol licence - Incident 20 years old - Accused already undergone one months imprisonment - Accused granted benefit of probation...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304-- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 307-- Attempt to murder - Benefit of probation u/s 4 of the Act or u/s 360 of Cr.P.C. - Held : (a) Benefit of probation cannot be extended where sentence imposed for can be upto life imprisonment; (b) Court cannot extend the benefit of probation u/s 4 of the Act without calling report of probation..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360-- Benefit of probation - Negligent driving - Accused driver of bus gave dash to police officer in uniform who signaled to stop and thereby causing death - Accused not entitled to benefit of probation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Excise Act, 1914, Section 61(1)(iii), Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4-- Conviction u/s 61(1)(iii) of Excise Act - Accused convicted and sentenced to one years SI and to pay fine of Rs.1500/- - Accused facing protracted trial for eight years - Not a previous convict and has already undergone about 2 months sentence - Accused released on probation...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 324, 34-- Conviction u/ss 324 r/w S.34 IPC - Pre-exiting enmity between two families - Two convicts women and they not having any criminal record or previous conviction - Having regard to their age, character and antecedents and the circumstances in which the offence was committed, they ordered to be..........
PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4-- Release on probation - Applicability of S.360 Cr.P.C. - Held, after coming into force of the Probation of Offenders Act, court could not proceed to act u/s 360 Cr.P.C. - But it has nonetheless to give reason as to why it could not proceed to act under the provision of the Probation of Offenders..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 360, 361-- In a case where Court could have dealt with an accused u/s 360 of the Code, and yet does not want to grant the benefit of the said provision then it shall record in its judgment specific reasons for not having done so - Mandatory duty cast on Magistrate not performed - While upholding conviction..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 380, Probation of Offenders Act, 1958, Section 4-- Murder - Release on probation - Benefit of - Appellant was a student - He was working as a waiter and earning money so that he could complete his education - He comes from a poor family - His father is dead - His mother is working as a domestic servant - Deceased had removed him from job - When..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, 12, General Clauses Act, 1897, Section 8(1)-- Probation of Offenders Act and S.360 Cr.P.C. have significant differences - Both cannot be intended to co-exist at the same time in the same area - Where provisions of Probation of Offenders Act are brought into force, the provisions of S.360 Cr.P.C. are wholly inapplicable...........

Showing : 21-30 of 46 Results