Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction of sentence - Offence u/s 161 IPC and Ss.5(2), 5(1)(d) PC Act - Appellant is of 88 years of age and is suffering from various ailments - Considering proviso to S.5(2) PC Act, sentence of appellant modified to the period till rising of Court and fine enhanced from..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302 -- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles..........
Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether S.432(7) Cr.P.C. clearly gives primacy to executive power of Union and excludes executive power of State where power of Union is co-extensive? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether Union or State has primacy over subject matter enlisted in List III of Seventh Schedule of Constitution of India for exercise of power of remission? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether there can be two appropriate Governments in a given case u/s.432(7) Cr.P.C.? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether suo motu exercise of power of remission u/s.432(1) is permissible in scheme of section, if yes, whether procedure prescribed in sub-cl.(2) of same section is mandatory or not? - Held, question referred to..........
Criminal Procedure Code, 1973, Section 435, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence -Whether term `consultation' stipulated in S.435(1) Cr.P.C. implies `concurrence'? - Held, question referred to Constitution Bench...........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
