Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Court to be satisfied that there is a prima facie case - Elaborate discussion of evidence is not necessary - Reasons must be indicated in the order - Among other circumstances Court to consider circumstances viz. (1) The nature of accusation and the severity of punishment in case of conviction and the nature..........
Indian Penal Code, 1860, Section 302, 57 -- Imprisonment for life - Is to be treated as 'rigorous imprisonment for life' - It was unnecessary for Legislature to specifically mention that imprisonment for life means rigorous imprisonment for life as this punishment is imposed for grave offences though there is no specific provision in this respect...........
Service -- Termination - Scope of interference with quantum of punishment - Court should not interfere in the administrator's decision unless it was illogical or suffered from procedural impropriety or was shocking to conscience of Court, in the sense that it was in defiance of logic or moral standards...........
Service -- Disciplinary proceedings - Disciplinary Authority is not bound to issue notice to the delinquent officer before passing order of punishment...........
Prevention of Terrorism Act, 2002, Section 3(2), 3(3), Indian Penal Code, 1860, Section 120 -- - Conspirator - Attack on Parliament - Whether punishment u/s 3 (2) POTA read with section 120 B IPC can be imposed on a conspirator who has not participated in actual act - Held No - Conspiracy is covered by Section 3 (3) POTA - Conviction under section 3 (2) set aside - However..........
Constitution of India, 1950, Article 20, Prevention of Terrorism Act, 2002, Section 3(2), 3(3), Indian Penal Code, 1860, Section 120 -- Conspirator - Double Jeopardy - Attack on Parliament - Whether a person charged u/s 3 of POTA can be charged for offence u/s 120 B read with 302 - Held Yes - Offences u/s 302 IPC and u/s 3 (2) and 3 (3) POTA are distinct offences and..........
Indian Penal Code, 1860, Section 107, 120B, 123 -- Conspiracy - Charge of conspiracy not proved - Unless charge of conspiracy is proved beyond reasonable doubt - Accused not guilty of conspiracy - However knowledge of conspiracy proved - Failure to inform - Duty bound to inform police or magistrate u/s 39 Cr.P.C. - Illegal omission to apprise the police or Magistrate of..........
Service -- Compulsory retirement - Judicial review - Order of compulsory retirement - An order of compulsory retirement is not a punishment - Employer can certainly pass an order of compulsory retirement when employee is considered to be a dead-wood and practically of no utility to the employer - Purpose and object of premature retirement is to weed out the inefficient,..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Death within 7 years of marriage - Demand and harassment and cruelty towards deceased - Conviction of husband, father-in-law and mother-in-law - Letters written by deceased revealed torture and harassment undergone by deceased - Genuineness of letters not challenged -..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Reduction in sentence - Conviction - Accused 79 years old - No useful purpose would be served in sending accused in prison at this stage - Sword of conviction hanging over the head of accused for the last 19 years - This by itself is sufficient punishment - Sentence reduced to the extent already undergone...........
