CiteTEXT
...scope and in case of a convict undergoing sentence for life imprisonment, it acquires significance only if the sentence is commuted or remitted subject to Section 433-A CrPC or in exercise of...
...Sessions, the learned Sessions Judge acquitted seven, convicted Tahsildar Singh and Shyama Mallah under 14 charges and awarded them various sentences, including the sentence of death. Before the learned...police officer making an investigation, may examine orally any person supposed to be acquainted with the facts and circumstances of the case, and may reduce into writing any statement made by the person....”This section enables a police officer to elicit information from persons supposed to be acquainted with facts, and permits him to reduce into writing the answers given by such persons, but...
...acquittals must be scrutinised with greater care.88. As pointed out above, even a complainant when he files an appeal against an order of acquittal in a case instituted upon a...somewhat limited: Whether a “victim” as defined in CrPC has a right of appeal in view of the proviso to Section 372 CrPC against an order of acquittal in a case where the alleged offence took place prior to...31-12-2009 but the order of acquittal was passed by the trial court after 31-12-2009? Our answer to this question is in the affirmative. The next question is: Whether the “victim” must apply for...
...acquitting a guilty person light heartedly as a learned Author has sapiently observed, goes much beyond the simple fact that just one guilty person has gone unpunished. If unmerited acquittals become...Penal Code, 1860 (IPC), she stands behind him like a colossus determined to support which consequently leads to his acquittal. In all possibility, she might have realised that the accused should not be...punished, for she was also equally at fault. Be that as it may, as per the prosecution version, he was extended the benefit of acquittal.2. The sad story gets into a new and...
...evidence, came to the conclusion that the prosecution failed to prove the guilt of the accused and on this finding acquitted him. Against this order of acquittal, the State of U.P preferred an appeal to...judgment of a Division Bench of the Allahabad High Court dated 27th November, 1951 by which the learned Judges reversed, on appeal, an order of acquittal made in favour of the appellant by Mr...to Meerut to draw liquor from the warehouse. Here he met his friend one Balwant Singh who, being acquainted with the appellant's demand for bribe from Ghammanlal, advised him to contact the Anti...
...compensation for land acquired under the Act. It provides 30 per cent solatium on the market value of the land in consideration of the compulsory nature of the acquisition. It thus operates on the market...Acquisition Act, 1984 (as amended by Act 68 of 1984) providing for higher solatium proprio vigore apply to award made subsequent to September 24, 1984 even though the acquisition commenced prior to the said...date. The appeal also raises another important question as to the applicability of Section 23(1-A) providing additional amount of compensation to awards made in such acquisition proceedings...
...but an appeal was pending against his conviction. The convict also appears to have been tried for the murder of several other children but was acquitted in 2005 with the benefit of doubt, the last...scope and must be confined to the scope and ambit of the said rules and do not acquire significance until the sentence is remitted under Section 432, in which case the remission would be subject to...
...office the government servant acquires a status and his rights and obligations are no longer determined by consent of both parties, but by statute or statutory rules which may be framed and altered...acquisition of such a status may be preceded by a contract, namely, an offer of appointment is accepted by the employee. The rights and obligations are not determined by the contract of the two parties but by...Article 16 of the Constitution. The appointment being purely contractual, the stage of acquiring the status of a government servant had not arrived. While working as a contractual employee Respondent 1...
...excluded from the precious area of life and liberty covered by Article 21, it is the executive which will acquire the right to trample upon the freedoms of the people rather than the people acquiring the...that Act. The true position is that the amendments introduced by the 44th Amendment Act did not become a part of the Constitution on April 30, 1979. They will acquire that status only when the Central...
...the game. When a person, charged with a grave offence, has been acquitted at a stage, has the intermediate acquittal pertinence to a bail plea when the appeal before this Court pends? Yes, it has. The...the game. When a person, charged with a grave offence, has been acquitted at a stage, has the intermediate acquittal pertinence to a bail plea when the appeal before this Court pends? Yes, it has. The...Directors of M/s Swan Telecom (P) Ltd. in addition to accused Shahid Usman Balwa w.e.f 1-10-2007 and acquired majority stake on 18-10-2007 in M/s Swan Telecom (P) Ltd. (STPL) through DB Infrastructure...
...to be false cases out of ST cases. It was pointed out that in the year 2015, out of 15,638 cases decided by the courts, 11,024 cases resulted in acquittal or discharge, 495 cases were withdrawn and...disposed of by the courts in 2015, more than 75% cases have resulted in acquittal/withdrawal or compounding of the cases. It was submitted that certain complaints were received alleging misuse of the...
...case where the Government was found to have committed glaring illegalities in the procedure. Hence, it was held that the principle of estoppel by conduct or acquiescence had no application. The...
...assessee will be given refund of sales tax on purchase of machinery as well as on raw materials to enable the assessee to acquire new plant and machinery for further expansion of its manufacturing...substantiate its plea that the subsidy of the kind under consideration was to enable it to acquire new plant and machinery or as an aid to set up the industry. Rather, it is quite evident that subsidy in the...
...provisions of section 10(23G) of the Income-tax Act, 1961, interest earned by an infrastructure capital company on investments made by way of acquiring shares or providing long...
...learned Single Judge, by the impugned order dated 20-7-2000, set aside the conviction and acquitted the 1st respondent. The learned Judge acquitted the 1st respondent on the ground that the appellant had...
...decision be otherwise? If the dispute may pertain to old parents or business concerns with dealings over a long period which were predominantly civil and were given or acquired a criminal dimension but the...period which are predominantly civil and are given or acquire a criminal dimension but the parties are essentially seeking a redressal of their financial or commercial claim.
d. Minor...
...canalisation of export and not to acquire the business or goodwill of traders in favour of the Corporation. The restriction on traders is reasonable. There is no acquisition of property of traders. The...or channels is a reasonable restriction within the meaning of Art. 19(6), that the dominant purpose in such cases is not to acquire the export business or the goodwill of the other dealers and that...is not acquisition of right to carry on trade. The canalisation scheme means that only the recognised agency can carry on trade. The effect of refusal of licence to other traders is that they cannot...
...High Court had not even acquainted itself with the fact that the appellant was kept out of service due to a mistake. He was not kept out of service on account of suspension, as wrongly recorded by the...
...assets acquired by him and also asked to pay an expenditure tax on the money spent on such acquisition. A can be asked to pay a sales tax on the goods sold by him to B and also asked to pay or collect a...“expenditure tax” as known to law and recognised by the theorists of public finance is not a tax on a few stray items of expenditure but is a term of art which has acquired a technical import as “nomen juris...of goods” used in the Constitution. But there the court was concerned with a legal term, “sale”, which had acquired a definite connotation in law and in legislative instruments and that analogy cannot...
...become the District Judge and the District Collector. Therefore, persons having enough experience and who have acquired a higher status have been given responsibility to adjudicate upon the disputes...record to show as to what had been its outcome.(iv) An agreement to sell did not confer any right on the Society, though the appellant acquired the title...