Section 31 of Cr.P.C. – the sentences imposed were ordered to run consecutively – not run concurrently on ground of previous criminal history – offences done in single transaction – Confirmed by High court – Apex court held No = Whether the sentences imposed were ordered to run consecutively on the ground that the accused Manoj was a … Continue reading
Whether the absence of a viscera report is fatal to the prosecution ? – No.; Whether the punishment can be given under sec. 304 B and sec.306 I.P.C. ? – Yes = Absence of a viscera report = 22. Normally, the viscera are preserved and submitted for chemical analysis under the following circumstances: (1) … Continue reading
Service – matter = Disproportionate punishment to the negligence proved – Dismissal orders quashed – directed to pay retire benefits and pension as he was dismissed just 6 days prior to his retirement date = “25(1). No order imposing any of the major penalties specified in Clause (f), (g), (h), (i) and (j) … Continue reading
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal … Continue reading
Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – single judge set the aside the order – remanded for fresh enquiry before review committee – committee constituted – Review committee found that the delinquent is careless in her duty only as she did in routine … Continue reading
In the absence of any specific overt acts no person should be convicted under sec.147, 148 and 302 read with Section 149 of the IPC – except for his role = Apex court confirmed the high court orders except modified the sentence from life to simple injury for one of the accused who had … Continue reading
sushil sharma death sentence was commuted in to life imprisonment = The appellant was the State President of the Youth Congress in Delhi. The deceased was a qualified pilot and she was also the State General Secretary of Youth Congress (Girls Wing), Delhi. She was an independent lady, who … Continue reading
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1324 OF 2012 @ Special Leave Petition (Crl.) No.5389 of 2011 State of M.P. … Appellant Versus Ayub Khan … Respondent J U D G M E N T K.S. Radhakrishnan, J. 1. Leave granted. 2. Proliferation … Continue reading
[2011] WASCSR 179 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : THE STATE OF WESTERN AUSTRALIA -v- CIANCIOSI [2011] WASCSR 179 CORAM : McKECHNIE J DATE OF SENTENCE : 25 NOVEMBER 2011 FILE NO/S : INS 35 of 2011 BETWEEN : THE STATE OF WESTERN AUSTRALIA AGAINST GARRET NICOLAS CIANCIOSI Offence(s): Murder … Continue reading
CASE NO.: Appeal (crl.) 1387 of 1999 PETITIONER: Umrao RESPONDENT: State of Haryana & Ors. DATE OF JUDGMENT: 12/05/2006 BENCH: S.B. Sinha & P.P. Naolekar JUDGMENT: J U D G M E N T WITH Criminal Appeal No.1388/1999 State of Haryana Appellant Versus Babu Lal & Ors. Respondents S.B. SINHA, J : The … Continue reading