Contempt of Courts Act, 1971, Section 12 -- Punishment - Appellant 'S - an Advocate found guilty of contempt of court on the basis of the averment made in the application filed by him on behalf of his client before a Single Judge of the High Court - Punishment of a sentence of three months simple imprisonment and fine of Rs.1000/ - imposed - Despite having spent so many..........
Service -- Misconduct - Punishment by disciplinary authority - High Court or Tribunal should not disturb it unless punishment is grossly or shockingly disproportionate after examining all the relevant factors including nature of charges proved against, the past conduct, penalty imposed earlier, the nature of duties assigned having due regard to their sensitiveness,..........
Service -- Misconduct - Punishment by disciplinary authority - When shockingly disproportionate High Court or Tribunal may remit the case to disciplinary authority for reconsideration on the quantum of punishment...........
Criminal Procedure Code, 1973, Section 468, Insecticides Act, 1968, Section 29, 3k(i) -- Offence under Insecticides Act - Punishment prescribed is two years under S.29(1) - Limitation to file complaint is 3 years - Complaint filed after four years - Complaint and summoning order quashed...........
Criminal trial -- Appeal against acquittal - If a view taken by the Court recording verdict of acquittal is reasonable, Supreme Court would not substitute its own view and reverse the verdict of acquittal into conviction - Criminal jurisprudence no doubt requires a high standard of proof for imposing punishment on an accused, but it is equally important that on..........
Criminal Jurisprudence -- Benefit of doubt - The criminal jurisprudence no doubt requires a high standard of proof for imposing punishment on an accused - But it is equally important that on hypothetical grounds and surmises prosecution evidence of a sterling character should not be brushed aside and disbelieved to given undue benefit of doubt to the accused...........
Contempt of Courts Act, 1971, Section 2(c),19 -- Criminal contempt - Apology - Tendering of after a period of 12 years - Held that the apology has to be sincere and not merely to escape punishment - Not a fit case where the apology tendered at the belated stage ought to be accepted...........
Contempt of Courts Act, 1971, Section 2(c),12 -- Criminal contempt - Punishment - Police officer disregarding the bail order, arrests a person because case against him is of alleged assault on police official - The High Court holding him guilty of contempt and sentenced for civil imprisonment for a period of seven days - Plea that instead of imprisonment fine be imposed..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Previous conviction of an accused for a heinous offence punishable with imprisonment for life, his involvement in other crimes and the quantum of punishment for the offences in which the applicant is seeking bail are all relevant factors to which the Court should consciously advert while taking a decision in the..........
Criminal Procedure Code, 1973, Section 437,439 -- Bail - Factors to be considered - Previous conviction of an accused for a heinous offence punishable with imprisonment for life, his involvement in other crimes and the quantum of punishment for the offences in which the applicant is seeking the bail are all relevant factors to which the Court should consciously advert..........
