Search Results for "mandatory death penalty"

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Karnataka High Court Hears Default Bail Appeal in SC/ST Atrocities Murder Case; Accused Claim 60-Day Filing Deadline Under Rule 7(2) Overrides Section 167(2) Cr.P.C.'s 90-Day Limit for Life-Imprisonable Offences.

The appeal arises from the rejection of a default bail application by the II Addl. District and Sessions Judge, Vijayapur. The appellants, accused Nos...

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Karnataka High Court Considers Appeals Against Conviction for Murder and State's Appeal for Fine. Case Involves Issues of Identity, Motive, and Recovery Under Sections 302 and 34 IPC.

The appeals arose from the judgment of the Fast Track (Sessions) Judge-V, Bengaluru City, in S.C. No. 1199/2012, convicting the accused under Section ...

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Bombay High Court Quashes Income Tax Prosecution Due to Non-Recovery of Tax Demand. Death of Principal Accused and Dissolution of Firm Render Prosecution Under Sections 276C and 277 of Income Tax Act, 1961 Unsustainable.

The applicants filed two criminal applications under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of RCC No.194/2004 and RCC No....

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC set aside as prosecution failed to prove that appellants abetted deceased's suicide, though cruelty under Section 498-A IPC was established.

The present appeal arises from the conviction of three appellants (husband, brother-in-law, and father-in-law of the deceased) by the Additional Sessi...