Search Results for "double jeopardy"

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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice returned 'not claimed' does not constitute deemed service under Section 138 of the Negotiable Instruments Act, 1881, and proceedings are an abuse of process.

The applicants, Sanjay Pukhraj Parikh and Anita Sanjay Parikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973,...

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Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...

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Bombay High Court Dismisses Application for Restoration of Contempt Petition - Contempt Proceedings Cannot Be Restored Once Dropped Due to Double Jeopardy Principle. The Court held that restoration would violate the principle of autrefois acquit under Section 12 of the Contempt of Courts Act, 1971.

The applicant, Shri Damodar Sadashiv Agre, filed a contempt petition (Contempt Petition No.29 of 2004) alleging non-compliance of an order passed by t...