Constitution of India, 1950, Article 21 -- Prevention of Food Adulteration Act, 1954, Section 16(1) (a) to (g) - Speedy trial - Whether the sentence than the minimum prescribed under the Prevention of Food Adulteration Act, 1954 can be granted to a person who has been convicted for the offence of adulteration? - Sample was taken on 18.2.1986 - Since then petitioner..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a) -- Accused faced trial for 18 years - Sentence reduced to already undergone - No matter minimum sentence is provided in the Act but convict can be compensated for mental agony as his right of speedy trial is violated...........
Constitution of India, 1950, Article 21, Penal Code, 1860, Section 304A,279 -- Death caused by negligence - Speedy trial - Sentence - Reduction in sentence - Conviction of petitioner u/ss 304-A and 279 upheld - 17 years elapsed since the submission of charge-sheet against the petitioner - Petitioner went through protracted trial - Speedy trial essence of a fair trial -..........
Criminal trial -- Speedy trial - No time limit can be prescribed for conclusion of trial - Each case has to be judged on its own special features - Court to see whether delayed trial become oppressive and unwarranted...........
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a)(i), Constitution of India, 1950, Article 21 -- De-novo trial - Right to speedy trial - Quashing of complaint - Offence alleged to have been committed on 23.08.1981 - Case proceeded as a warrant case continuously till the impugned order of de-novo trial was passed on 10.12.1987 - Held that the accused-petitioner..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Quashing of complaint - De-novo trial - Right to speedy trial - Petitioner faced trial for 7 years and still to undergo de-novo trial as ordered by the trial Court - Held that if the petitioner is required to undergo further trial, it would amount to travesty of justice - Complaint and..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Protracted trial - Reduction of sentence to period already undergone - Sample of cow's milk found adulterated - Conviction and sentence of 2 years RI reduced to one year in appeal - Occurrence of the year 1990 - 18 years had elapsed - Accused has a right of speedy trial under Art.21 of Constitution - Accused..........
Criminal Procedure Code, 1973, Section 482, 311 -- Summoning of witnesses - Right to speedy trial - Quashing of proceedings - FIR registered in October, 1989 against the petitioner and his co-accused and charged framed in August, 1990 - Till April, 1997 not a single witness was produced by the prosecution to depose against the petitioner even though the accused remained..........
Civil Suit -- Speedy trial - Suit for specific performance filed in the year 1997 and proceedings still not concluded - Procedure requires that when the hearing of the suit has commenced it has to be continued from day-to-day unless the Court finds that for exceptional reasons to be recorded, the adjournment of the case beyond the following day is necessary - Trial Court..........
Constitution of India, 1950, Article 21 -- Right to speedy criminal trial - Aspect of delay in pronouncing judgment after conclusion of arguments in High Court - Delay when judgment reserved in August, 1995 and pronounced in August, 1997 - Guidelines to be followed - Instructions as remedial measures to overcome justice delayed is justice denied...........
