Constitution of India, 1950, Article 226 -- Court Martial proceedings - Conviction - Sentence - Judicial review - When evidence is sufficient, court-martial has jurisdiction over the subject matter and has followed the prescribe procedure and it is within its power to award punishment - The High Court should not allow the challenge to the validity of conviction and..........
Constitution of India, 1950, Article 226, Army Act, 1950, Section 116 -- Court Martial proceedings - Conviction - Sentence - Judicial review - When there is sufficient evidence to sustain conviction, it is unnecessary to examine if pre-trial investigation was adequate or not - Requirement of proper and adequate investigation is non-jurisdictional and any violation thereof..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Accused sentenced to RI for six months and to pay fine of Rs.5000/- with default sentence - Cheque amount Rs.2, 37, 000/- - Sentence modified - Accused directed to pay double the amount of cheque as compensation to the complainant and in default..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal against conviction - Appellate Court has to record reasons - Mere fact that accused was on bail during trial and he did not misuse his bail is not a ground to suspend the sentence - In case of murder and serious offences, it is only in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Dishonour of 3 cheques of Rs.25, 000/- each - Conviction - Accused sentenced to undergo 2 months RI and a fine of Rs.5, 000/- imposed with default sentence - Order modified - Accused directed to pay compensation twice the amount of cheque to the..........
Criminal Procedure Code, 1973, Section 357(2) -- Doctrine of Purposive Interpretation - Stay of order of compensation during appeal - Sub-S.(2) of S.357 was enacted for a definite purpose - It must be given its full effect - The amount of compensation not only must be reasonable one, the conditions for suspending the sentence should also be reasonable - It is only with..........
Indian Penal Code, 1860, Section 307, 324, 326, 394, 447 -- Reduction in sentence - Offence committed in consequence of damage caused by cattle of victim in field of accused - Sentence of life imprisonment reduced to 10 years and a sum of Rs.50,000/- out of fine of Rs.55,000/- be paid to victim - Sentence under other provisions maintained...........
Indian Penal Code, 1860, Section 153A -- Promoting feeling of enmity or hatred between different classes of people - Prosecution has to prove prima facie the existence of mens rea on the part of the accused - The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published - The matter complained of..........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Conviction - Accused now 75 years of age - Accused facing mental stress on account of pendency of appeal for 15 years and sword of conviction hanging on his head for all these years - Sentence reduced from five years to one year...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Ganja - Conscious possession - Sentence - Accused unemployed youth having burden of maintaining his family as his father has already retired from bank service - Sentence reduced from 13 to 10 years...........
