Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Accused apologized for his fault and has taken responsibility for his action and had maturely sought forgiveness from victim - Victim also voluntarily accepted apology while considering age of accused at the time of incident and forgive him - Sentence reduced from 10 years R.I to 5 years R.I with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C), 29 -- Default bail in an offence under NDPS Act - Final report without analyst report - Final report is incomplete only when entire prosecution case rests solely on the analyst report and not when prosecution is relying the analyst report as a..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- Default bail - Offence u/ss 307, 34, 467, 468, 481 and 120-B IPC and Ss.3, 10, 13, 15, 18, 19, 20, 23, 38 & 39 of Unlawful Activities Act - Charge sheet not filed within 90 days - Extension of time to investigate - Extension of time by CJM - Magistrate has no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 61, 85, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 4 kg 400 gms Alprazolam Tablets - Default bail - Repeated extension of time on same ground by trial Court, treated as mechanical orders passed by trial Court - No exceptional circumstances were revealed which could have indicated why..........
Criminal Procedure Code, 1973, Section 429, 427 -- Default sentence - Cannot be directed to run concurrently...........
Criminal Procedure Code, 1973, Section 429, 30 -- Default sentence - Three years each on three counts - Financial condition of accused not good - Held, default sentences awarded to each of the accused on three counts shall be one year each in respect of such three counts...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Dismissal of appeal for non-prosecution - Appeal cannot be dismissed merely because of non-representation or default of advocate for accused - If accused does not appear through counsel appointed by him/her Court is obligated to proceed with hearing of case only after appointing an amicus..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Once there was admission on part of tenant qua his default in payment of rent, qua relation of landlord and tenant, then nothing more was required to be adjudicated by Court...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Time stipulation of 14 days in S.7(4) of the Act to ascertain existence of a default is apparently directory nor mandatory...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), 25, 29 -- Default bail - Recovery of 589.500 kgs Ganja - Accused is in custody till date - He has not been given any opportunity of hearing to lead his legitimate objection nor he informed of his right on default bail before granting extension..........
