Search Results for "minimum imprisonment"

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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...

Supreme Court

Supreme Court Modifies Sentence in Father-Daughter Rape Case: POCSO Act Overrides IPC for Offence but Greater Punishment Applies Under Section 42. The Court held that Section 42 of POCSO Act mandates application of law providing greater punishment, and High Court cannot enhance sentence without appeal.

2 Sep 2024

The appellant, Gyanendra Singh @ Raja Singh, was convicted by the trial court for offences under Sections 376(2)(f) and 376(2)(i) of the Indian Penal ...

Supreme Court

Supreme Court Enhances Sentence in Bigamy Case Under Section 494 IPC — Emphasizes Proportionality in Sentencing and Rejects Fleabite Punishment. The Court held that inadequate sentences undermine public confidence and ordered one year rigorous imprisonment for the accused.

15 Jul 2024

The appellant, the husband, filed a private complaint under Section 200 CrPC against his wife (accused No.1) and her second husband (accused No.2) for...

High Court

Bombay High Court Grants Default Bail to Accused in Economic Offence Case Due to Non-Completion of Investigation Within 60 Days. Indefeasible right to default bail under Section 167(2) Cr.P.C. accrued as charge-sheet not filed within statutory period.

18 Oct 2023

The applicants, Kashinath Pandurang Jadhav, Parth Kashinath Jadhav, and Vikas Kishan Gaikwad, were arrested on 5 July 2023 in connection with FIR No. ...

Supreme Court

Supreme Court Modifies Sentence for Accused in Kidnapping and Murder Case Due to Unlawful Fixed Term Condition. Trial Court's Imposition of 30-Year Sentence Without Remission Held Beyond Jurisdiction Under Indian Penal Code, 1860, Following Precedent.

21 Apr 2023

The Supreme Court addressed an appeal concerning the sentencing of two accused persons convicted for kidnapping for ransom and murder. The deceased, a...

High Court

Bombay High Court Upholds Life Imprisonment for Rape of 7-Year-Old Girl Under POCSO Act and IPC — Sentence of Imprisonment for Natural Life Maintained as Proportionate to Gravity of Offence. The court held that the young age of the accused does not mitigate the heinous crime of raping a minor child, and the sentence imposed by the trial court under Section 376(2)(i) IPC read with Sections 4 and 6 of POCSO Act was proportionate.

2 Dec 2022

The appellant, Pradip @ Golu s/o Suresh Dandge, was convicted by the Special Judge, Akola in Sessions Case No.173/2013 for the rape of a 7-year-old gi...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Denial of Private Security Agency Licence Under Section 6(1)(b) of Private Security Agencies (Regulation) Act, 2005 — Conviction for Offence with Prescribed Punishment of Less Than Two Years Does Not Attract Disqualification. The court held that the phrase 'prescribed punishment' in Section 6(1)(b) refers to the maximum punishment prescribed for the offence, and since the maximum punishment under Section 138 of the Negotiable Instruments Act, 1881 is two years (less than two years), such conviction does not disqualify the applicant.

11 Mar 2020

The petitioners, M/s Chase Security Services and its proprietor Ravindra Prabhakar Sawant, filed a writ petition under Article 226 of the Constitution...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Child Rape and Murder Case. Judicial Confession and Last Seen Theory Upheld but Death Penalty Not Warranted as 'Rarest of Rare'.

1 Aug 2019

The case involves the ghastly rape and murder of two children aged 10 and 7 years. On 29 October 2010, Mohanakrishnan picked up the children from outs...

High Court

Bombay High Court Allows Default Bail in Section 306 IPC Case — Offence Punishable Up to 10 Years Falls Under 60-Day Category Under Section 167(2) CrPC. The phrase 'imprisonment for a term of not less than ten years' means a minimum of ten years, not a maximum, so the 90-day period does not apply.

9 Jan 2014

The petitioner, Shakil Khan Yasin Khan, was arrested on 25 September 2013 in connection with Crime No. 153/2013 registered at Deopur Police Station, D...

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 ...

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