Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Service of notice - In current situation prevailing due to Covid-19 pandemic, if a notice was/is to be sent on whatsapp, then the same must also be sent via email on the same date - This would imply that a notice can be sent via whatsapp only if sender also has email address of notice available with him..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Notice issued to petitioner was defective, not properly addressed and not properly served, either by whatsapp or by post - Resolution/order passed thereafter to suspend licence to practice of petitioner, while referring complaint to disciplinary committee, has been reached..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Power of taking any punitive action against an advocate for misconduct vests u/s 35 of the Act only with disciplinary committee of State Bar Council - There is no specific or implied power conferred on a State Bar Council under the Act to take punitive action against advocate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Suspension of sentence during pendency of revision - Accused is 71 years old and already deposited 75% of total compensation - Since sentence awarded is only 1 year and revision is filed in COVID-19 Pandemic, sentence of accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Accused awarded sentence of 1 year - Accused deposited 75% amount of total compensation - Sentence suspended...........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, Rule 8 -- Order of suspension from service - Non-reviewing of - Legality - G.O.Ms.No.86, Dt. 08.03.1994, mandates competent authority to undertake review of suspension of employee at end of every six months - After suspension order petitioner/employee was dismissed from service - Said order of..........
