Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Statement made by a witness before Magistrate authorized to tender oath is not a substantive piece of evidence and it has to be taken only as a previous statement - It can be used both for corroboration and contradiction - It can corroborate maker or deponent if he is examined as a witness - Such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentence - Various complaints filed by different complainants in different criminal cases in connection with dishonour of cheques against accused - Order of conviction passed for offences - All cases against accused pertain to S.138 of the Act, substantive sentence to run..........
Prevention of Corruption Act, 1988, Section 5(2) -- Criminal misconduct - Quantum of sentence - Incident occurred in 1978 - Accused is now a senior citizen aged about 82 years - He is not keeping good health and is suffering from age related ailments - Accused has already served 20 days incarceration and he has suffered mental incarceration for about 42 years - Substantive..........
Criminal Procedure Code, 1973, Section 427, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Conviction in 8 cases u/s 138 of N.I. Act - Substantive sentences in all the eight cases shall run concurrently - However, default sentences shall not be affected...........
Stamp Act, 1899, Section 35 -- Whether the statutory bar contained in S.35 of the Act applicable to instruments chargeable to Stamp Duty u/s 3 r/w Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un-enforceable, or invalid, pending payment of stamp duty..........
Criminal Procedure Code, 1973, Section 357A(1), (4), (5) -- Provisions of S.357-A(1),(4) & (5) Cr.P.C are substantive in character...........
Natural justice -- Where procedural and/or substantive provisions of law embody principles of natural justice, their infraction per se does not lead to invalidity of orders passed - Prejudice must be caused to litigant, except in case of a mandatory provision of law which is conceived not only in individual interest but also in public interest...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
Arbitration and Conciliation Act, 1996, Section 49, 47 -- Enforcement of Foreign award - Conflict with public policy of India - Appellants not made out as to how award is in conflict with basic notions of justice or in violation of substantive public policy of India - Even, they failed to made out a case of violation of procedural due process in conduct of arbitral..........
