Indian Penal Code, 1860, Section 300 -- Exception I - Provocation - Gravity of provocation can be assessed by taking into account the history of abuse and need not be confined to gravity of final provocative act in the form of acts, words, gestures...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 302, 201, 120B, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - While granting bail High Court not considered heinous nature of allegations, gravity of offence alleged and severity of punishment in the event of ultimate conviction - Ex facie the allegations are..........
Service -- Misconduct - Modification of punishment - Once a conscious decision was taken by Disciplinary Authority to remove an employee on proved misconduct of a very serious nature of defrauding public money, neither Tribunal nor High Court should have interfered with order of punishment imposed by Disciplinary Authority, which was after considering gravity and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 341, 324, 147, 148, 149, 427, 504, 506 -- Bail - Double murder case - Accused is a history sheeter and is having criminal antecedents - He is involved in double murder of having killed the father and brother of informant - Trial of cases is at the crucial stage of recording evidence..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity of offence - Not sole ground to deny bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Allegation against accused is that he overpowered deceased who was suffering from impairment of both of his legs, pinned him to ground sat on him and throttled his neck - Offence alleged against accused is of a grave nature - Accused was arrested only following a protest..........