Search Results for "sentence set aside"

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Search Results for "sentence set aside"

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Supreme Court

Supreme Court Quashes Suspension of Sentence in POCSO Case Due to Erroneous Age Determination and Lack of Reasons. The High Court's order suspending sentence was set aside as it was based on mere suspicion about the victim's age without proper evidence under Sections 34 POCSO Act and 94 Juvenile Justice Act, and failed to record reasons as required under Section 389 CrPC.

21 Apr 2025

The appeal was filed by the mother of a minor victim of sexual assault against the High Court's order suspending the sentence of the convicted accused...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 326 IPC — Assistant Sessions Judge Has Jurisdiction to Try Offences Triable by Court of Sessions Including Section 307 IPC. The court held that the Assistant Sessions Judge, being a Judge of the Court of Sessions, can try all offences triable by the Court of Sessions, and the power to impose sentence does not affect jurisdiction.

16 Jun 2010

The petitioner, Jabber Kasamali Sheikh, was convicted under Section 326 IPC by the Assistant Sessions Judge, Mumbai, for causing grievous hurt. He was...

High Court

Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

5 Apr 2006

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

Supreme Court

Supreme Court Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

High Court

Bombay High Court Allows Petition Seeking Disqualification of Gram Panchayat Member Convicted Under Section 138 of Negotiable Instruments Act. Suspension of Sentence Does Not Stay Conviction for Disqualification Under Section 14(1)(a)(ii) of Maharashtra Village Panchayat Act, 1958.

29 Oct 2014

The petitioner, Sanjay Prabhakar Bhosale, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the order dated 1.9.2014 p...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

High Court

High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

22 Apr 2022

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

High Court

Bombay High Court Allows Convict's Petition for Recalculation of Sentence in Misappropriation Case — Remission Period Must Be Excluded from Default Sentence. Held that the period of remission granted by the State Government cannot be treated as part of the default sentence for non-payment of fine, and the jail authorities must recalculate the sentence accordingly.

17 Aug 2022

The petitioner, Bhaskar Shankar Wagh, a 72-year-old convict, filed a Criminal Writ Petition under Articles 14, 21, 226 and 227 of the Constitution of ...

Supreme Court

Supreme Court Allows Concurrent Sentences for NDPS Convictions in Two Separate Cases — Sentences to Run Concurrently Under Section 427 CrPC. The court directed that the sentences imposed in two separate trials for distinct offences under the NDPS Act shall run concurrently, considering the appellant's long incarceration and good conduct.

7 Dec 2021

The appellant, Mohd Zahid, a Pakistani national, was convicted in two separate cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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