Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 609.6 gms heroin - Quantum of sentence - Recovery effected is much higher than commercial quantity - Punishment higher than minimum is thus, justified - Punishment awarded by trial Court of a sentence higher than minimum relying on quantity of substance cannot be faulted - However,..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
Criminal Procedure Code, 1973, Section 235 -- Judgment of conviction - Death sentence - Accused heard on quantum of sentence immediately after delivery of judgment of conviction - Even sentence awarded to accused without examining merits of appeal filed by accused and without determining whether accused have been rightly convicted or not - Impugned order of awarding death..........
Indian Contract Act, 1872, Section 73 -- Compensation - When parties are governed by contract, a claim in quantum meruit u/s 70 of the Act not permissible...........
Indian Contract Act, 1872, Section 126 - - Unconditional bank guarantee - Injunction - Letter of invocation clearly asserts that plaintiff violated terms of work order and shows clear reference to quantum which was demanded hence, injunction against invocation of bank guarantee held, not proper as bank guarantee is contract between bank and beneficiary where bank has no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Quantum of sentence - Accused already undergone a sentence for 3 years 9 months and 22 days with remission of 2 months and 25 days - Maximum punishment provided u/s 304(Part II) IPC is 10 years - Accused was now 44 years old - He hails from a poor background and his conduct in jail was reported..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Constitution of India, 1950, Article 142 -- Offence u/s 3(1)(xi) of SC & ST Act - Quantum of sentence - Trial Court convicted and sentenced accused to undergo R.I. for 6 months with fine of Rs.500/-, however, High Court sentenced accused to period already undergone by him and..........
Kerala Abkari Act, 1977, Section 8(2), 63 -- Recovery of liquor - Reduction of sentence - Accused found to be in possession of 4.5 liters of arrack in plastic can and 3.750 liters of Indian made Foreign Liquor - Such possession is illegal and in violation of the Act - Accused is in custody for about 35 days - Having regard to gravity of offence and quantum of liquor..........
Evidence Act, 1872, Section 54 -- Previous bad character - Past adverse conduct of the convict ought not to be taken into consideration for the purpose of determining the quantum of sentence, except in specified circumstances...........
