Showing : 1961-1970 of 3167 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Conviction - Evidence that after receiving gun shot the victim fell down - However, it is clear from post mortem report that no gun shot wound was found on the body of victim - Dispute relates to property - There is variation of evidence - Serious doubt whether the appellants had..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 248(2)-- Quantum of sentence - Factors illustrative in nature but not exhaustive are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Offence can be compounded even during pendency of appeal - Petitioner permitted to compound the offence - Conviction and sentence set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 307-- Nature of offence - Injuries not such as to arrive to a conclusion that there was any intention to kill - Injury was simple as reported by doctor - Conviction altered from S.307 IPC to S.324 IPC - Protracted trial of 30 years - Sentence reduced to already undergone...........
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...........
DELHI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 427-- Sentence - Accused convicted in a case - Subsequently convicted in another case - Sentence to run consecutively, until and unless the Court awarding subsequent imprisonment passes an order that it shall run concurrently...........
DELHI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 427-- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
KERALA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 53-- Punishment - Award of sentence - Consideration of the court while awarding sentence - Held court while awarding sentence, has to take into consideration following facts : (a) Whether the offence was pre-mediated or planned; (b) Motive for the act; (c) Conduct of the accused; (d) Manner of..........
KERALA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 53-- Punishment - Award of sentence - Approach of court - Usually three approaches are available while awarding sentence - Namely punitive, therapeutic, preventive - Therapeutic approach is more effective and acceptable...........

Showing : 1961-1970 of 3167 Results