Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Plea of truth as a defence - Truth as a defence is available to any person charged with contempt of Court - However, contemnors other than saying that judges had misinterpreted judgments of Court or had ignored them or that justice was biased, there is no material placed on..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit fine of Rs.60,000 - Fine can be imposed only by way of punishment - Unless a guilt is proved and accused is convicted, no punishment can be imposed and fine which is in fact a sentence cannot be awarded - Since imposition of fine can only be imposed after conclusion of trial that too..........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Due to COVID-19 pandemic - Petitioner contended that due to overcrowding in jail, no social distancing is maintained, there is thus, risk not only to him but to other prisoners as well - However, petitioner is in his Cell in isolation and thus, is maintaining social distancing - Second ground urged by petitioner..........
Indian Penal Code, 1860, Section 64, 68 -- Imprisonment in default of payment of fine - Cannot be deemed to be sentence - It is a penalty which is incurred on account of non payment of fine - Accused can avoid imprisonment in default of payment of fine, by paying payment of fine...........
Criminal Procedure Code, 1973, Section 427 -- imprisonment in default of payment of fine - Whether it is to run concurrently with imprisonment in default of payment of fine awarded on him in other cases - Held, S.427(1) Cr.P.C., has no application to imprisonment awarded in default of payment fine as it is not a sentence and it is a penalty...........
Constitution of India, 1950, Article 72, 32 -- Mercy petition - Death sentence - Rape case - Plea of juvenility - Petitioner earlier also raised the plea of juvenility, which was rejected - Plea has been duly considered and rejected by Courts below - Petitioner is thus, not right in contending that plea of juvenility is not finally determined by Courts below - Other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted by both the Courts below - He failed to point out any misreading of evidence by Courts below - Accused has undergone 4 months and 10 days of sentence out of substantive sentence of one year - Ends of justice would be met if sentence awarded to petitioner is..........
Constitution of India, 1950, Article 72, 32 -- Mercy petition - Rejected by President of India - Death sentence - Rape case - Petitioner contended that Press interviews given by persons in position of authority reported in newspapers have influenced the decision of President of India in rejection of mercy petition - Contention rejected, as when decision has been taken by..........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Charge u/s 398 IPC not framed - Accused convicted by trial Court on the basis of observations made by High Court - Moreover, no evidence led to substantiate offence u/s 398 IPC - Testimonies of PWs 2 to 4 shows that accused were prime accused and according to medical evidence..........
