Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Once accused is held guilty of commission of offence u/s 325 IPC, then imposition of jail sentence and fine on accused is mandatory - Thus, High Court was not right in setting aside entire jail sentence of accused, while upholding his conviction u/s 325 IPC and substitute it by imposing..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Quantum of sentence - Period already undergone (40 days) by accused while he was in detention, as under-trial and as convict, can be treated as jail sentence, once awarded to accused u/s 325 IPC - Taking into account time consumed in litigation i.e 37 years coupled with findings of two Courts that accused did..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Quantum of sentence - Incident occurred 28 years ago - Accused `C' already suffered pain and agony of protracted trial for a long period of 28 years - Sentence of 4 years u/s 304(Part I) IPC, shall serve ends of justice...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Quantum of recovery - PW8 Inspector deposed that charas was weighed in electronic weighing machine which was issued by Govt. and was in I.O's kit - PW5 MHC specifically admitted that electronic weighing scale was not available in Police Station - In view of conflicting..........
Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Apportionment of compensation - Acquisition of land of Wakf Board - Person in settled possession can be disbursed some compensation on account of displacement and deprivation of possession by virtue of acquisition of land - However, quantum of compensation to be apportioned between lessee or person in settled..........
Arbitration and Conciliation Act, 1996, Section 34, 11 -- Arbitration - Work contract - Quantum of interest - Delay in invocation of Arbitration clause - In the instant case on account of delay in supply by respondent, petitioner party paid deducted payment and liquidated damages - First arbitrator took 6 years to pass order - However, Division Bench set aside order of..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration - Work contract - Quantum of interest - Rate of interest on award may vary depending upon discretion of Court and arbitrator - If not fixed by Statute or contract, it should neither be very high or very low...........
Indian Penal Code, 1860, Section 325, 452 -- Offence u/ss 325, 452 IPC - Quantum of sentence - Accused are facing trial for more than 15 years - They also remained in custody for a period of over 1 month - Substantive sentence of accused reduced from R.I of 2 years to R.I of 1 year u/s 325 IPC with no change in fine...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Adulteration in oil - Quantum of sentence - Accused was sentenced to undergo R.I. for 6 months in addition to payment of fine of Rs.2000/- - Accused has faced incarceration of trial for the last 18 years and has already undergone 2 months and 18 days and moreover, he is not a previous convict - Therefore,..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
