Service -- Temporary embezzlement and forgery - Quantum of punishment - Appellant dismissed from service on account of misconduct of temporary embezzlement and forgery - High Court modified the sentence to compulsory retirement without pensionary benefits in view of R.23 of Life Insurance Corporation of India (Employees) Pension Rules, 1995 - Taking into account the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased a pregnant woman, committed suicide within four months of her marriage in her matrimonial home - Testimonies of PWs regarding persistent demand of dowry from deceased during a very short span of her matrimonial life and cruel behavior of accused with deceased instigated her to self immolate and end her..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Quantum of sentence - Accused caused death of a person by driving jeep in a rash and negligent manner and also injured another person - Trial Court convicted accused u/ss 304-A, 279 & 337 IPC & sentenced to undergone 6 months and 2 years R.I respectively with fine of Rs.2500/- - However, High..........
Criminal Procedure Code, 1973, Section 31 -- Quantum of sentence - May be legally passed when there is : (a) one trial; (b) the accused is convicted of two or more offences - When a person is convicted for two or more offences at one trial Court may exercise its discretion in directing that sentence for each offence may either run consecutively or concurrently subject to..........
Service -- Quantum of punishment - Labour Courts/Industrial Tribunal has jurisdiction to interfere in quantum of punishment and said discretionary power has to be exercised judiciously...........
Service -- Quantum of punishment - Even when charges levelled against a workman stand proved, Labour Court retains certain amount of discretion to interfere with quantum of punishment awarded by management - One such instance when Labour Court may exercise such discretion is when Court comes to a conclusion that punishment is shockingly disproportionate to nature of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11.6 kg of cannabis from two accused - Quantum of sentence - Accused persons sentenced to 10 years R.I each and also sentenced to pay a fine of Rs.1 lakhs each - In default of payment of fine each of accused was liable to undergo further simple imprisonment for a period of two years - No..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Husband working as Senior Technician and getting Rs.18,000 p.m - Maintenance of Rs.2,000 p.m granted to wife who is a junior advocate and unable to maintain herself - Cannot be said to be fair and reasonable amount of maintenance - Taking into consideration rise in cost of living, price index and basic..........
Service -- Departmental enquiry - Punishment - Judicial review : (a) When charge(s) of misconduct is proved in an enquiry, the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities; (b) The courts cannot assume the function of disciplinary/departmental authorities and to decide the quantum of punishment and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of punishment - Cheque of Rs 6.19 lakhs dishonoured - High Court directed accused either to pay compensation of Rs.2 lakhs to complainant or to undergo imprisonment for two months - Courts not to award flea-bite sentence - Order of High court modified - Accused sentenced to undergo S.I of 6..........
