Showing : 11-20 of 88 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Probation of Offenders Act, 1958, Section 4-- Benefit of probation - Court before exercising power u/s 4 of the Act, has to keep in view the nature of offence and conditions incorporated u/s 4 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 323, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 498-A, 323 IPC - Benefit of probation - There is no minimum sentence prescribed u/ss 498-A, 323 IPC, thus provisions of P.O. Act applies to the same...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 337, 338, Probation of Offenders Act, 1958, Section 4(b)-- Rash and negligent driving - Benefit of probation - Rash and negligent driving on the part of accused not proved on record - However, action of accused in allowing 80-90 persons to board in ill fated truck suggests that he was negligent - Truck was also not in a good condition - Benefit of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b)-- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking into account the age of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 325, Probation of Offenders Act, 1958, Section 4(b)-- Offence u/ss 323, 325 IPC - Benefit of probation - Approximately 10 years have passed after happening of incident and eight years after passing of judgment - Accused is a first offender and already suffered much agony during pendency of appeal - Benefit of probation thus extended to accused...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 147, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 323, 147 - Benefit of probation - Incident occurred in 1994 - Injured received 24 injuries but injuries were not life threatening and accused was rightly acquitted by trial Court u/s 307 IPC - Accused remained in custody for some time - It will be unjust to send accused back to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4-- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused - However, sentence imposed..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4-- Voluntarily causing hurt by dangerous weapon - Benefit of probation - Occurrence took place in 1999 - Parties are involved in civil as well as criminal litigation - Accused not involved in any other case - It is not deemed necessary to send accused immediately to jail custody after 19 years of..........
KERALA HIGH COURT
Year of decision: 2016
Details
Probation of Offenders Act, 1958, Section 3, 4, 11-- Order passed u/ss 3, 4 of Act - Legal remedy by way of appeal against said order is provided u/s 11(2) of the Act - Appeal challenging grant of benefit of probation, held, not maintainable u/s 377(1) Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4-- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for refusing to extend..........

Showing : 11-20 of 88 Results