Search Results for "State remission policy"

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Search Results for "State remission policy"

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Supreme Court

Supreme Court Directs State to Consider Premature Release of Life Convict Under Rule 358 of Chhattisgarh Prisons Rules, 1968 — Emphasizes Need for Timely Consideration and Compliance with Section 432 CrPC. The Court held that the State Government has a mandatory duty to consider applications for premature release and failure to do so violates the convict's right to life under Article 21.

22 Apr 2022

The petitioner, Ram Chander, was convicted for offences including murder under Section 302 read with Section 149 of the Indian Penal Code, 1860, and s...

High Court

Bombay High Court Allows Writ Petition of Life Convict Seeking Premature Release — State's Order Requiring 26 Years Imprisonment Set Aside. Court holds that Government Resolution dated 15th March 2010 requires specific finding of exceptional violence to deny premature release after 14 years.

28 Nov 2013

The petitioner, Santosh @ Sonu Balram Jadhav, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 21st July...

High Court

Bombay High Court Allows Life Convict's Petition for Remission of 2 Years Under Government Circular Dated 6th August, 1997. Government Circular Applies to All Convicts Including Those Under Section 302 IPC, Court Directs State to Grant Remission.

27 Mar 2017

The petitioner, Nandkumar s/o Shivmurti Mundhe, a life convict undergoing sentence at Harsool Jail, Aurangabad, filed a Criminal Writ Petition under A...

Supreme Court

Supreme Court Examines Remission Policies Under Article 161 and CrPC in State Appeal. The Court held that constitutional remission powers under Article 161 of the Constitution prevail over statutory policies under Section 432 of the Code of Criminal Procedure, 1973, and policies are statutory rules under the Prisons Act, 1894.

3 Aug 2021

The dispute arose from an order by the High Court of Punjab & Haryana regarding State Government policies on granting remission to prisoners. The Stat...

High Court

Bombay High Court Dismisses Revenue Appeals in Transfer Pricing Adjustment Cases — Holds That Arm's Length Price Determination Must Be Based on Reliable Comparable Data and Functional Analysis. The Tribunal's deletion of adjustments was upheld as it correctly applied functional comparability and permissible adjustments under Section 92C of the Income Tax Act, 1961 and Rule 10B of the Income Tax Rules, 1962.

5 Dec 2014

The judgment involves a batch of appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the orders of the Income Tax...

High Court

Bombay High Court Dismisses Petition Challenging Denial of Remission to Convict Based on Adverse Judicial Appraisal. Remission Under Section 432 CrPC Requires Well-Informed, Reasonable Decision and Judicial Appraisal is a Relevant Factor.

1 Feb 2019

The petitioner, Satish Dada Londhe, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challen...

Supreme Court

Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973.

17 Jul 2020

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life...

High Court

Bombay High Court Allows Remission to Convict Under Government Circular Despite Non-Applicability of Probation of Offenders Act. Petitioner convicted under Section 376 IPC and Section 3(1)(xii) of SC/ST Act granted two years remission based on Government Circular dated 6th August 1997.

12 Oct 2017

The petitioner, Mohd. Ali s/o Mohd. Habib Shaikh, was a convict lodged in Open Prison, Paithan, serving sentence for offences under Section 376 of the...

High Court

Bombay High Court Directs State to Consider Remission for Convict in Golden Jubilee Case — Denial of Remission Based on Policy Not Applicable to Convicts Sentenced Before Policy Date.

27 Mar 2017

The petitioner, Santosh Tulsiram Shitole, a convict lodged in Central Prison, Aurangabad, filed a Criminal Writ Petition under Article 226 of the Cons...

High Court

Bombay High Court Dismisses Life Convict's Petition Seeking Retrospective Counting of Extended Furlough as Remission. Amended Rule 16 of Prisons (Bombay Furlough and Parole) Rules, 1959, effective from 23rd April 2012, cannot be applied to furloughs granted prior to that date.

24 Dec 2013

The petitioner, Jagannath Raghunath Shelke, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 15th April ...

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