Search Results for "Section 43"

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Search Results for "Section 43"

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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...

Supreme Court

Supreme Court Grants Bail to Accused in UAPA Case Due to Prolonged Incarceration and Weak Evidence. Bail was allowed as appellants were in custody for over four years without charges framed, and evidence under Sections 120B and 302 IPC and UAPA provisions was insufficient to deny bail.

17 Apr 2023

The Supreme Court considered an appeal by two accused persons, identified as accused nos. 46 and 47, who were charged with offences under the Unlawful...

Supreme Court

Supreme Court Upholds Conviction but Modifies Sentence in Triple Murder Case. Sessions Court Lacked Jurisdiction to Impose Life Imprisonment Without Remission Under Section 302 IPC, as Only Constitutional Courts Can Impose Such Sentences When Commuting Death Penalty.

13 Apr 2023

The case involved an appeal against conviction and sentence for a triple murder. On 15th March 2006, the appellant, along with co-accused, allegedly f...

Supreme Court

Supreme Court Dismisses Appeals Against Bail Cancellation in Unlawful Activities (Prevention) Act Case. High Court's Interference Deemed Appropriate as Appellants Admitted to Paying Money to Organization and Their Signatures Appeared on Receipts Submitted with Supplementary Charge-Sheet.

12 Apr 2023

The Supreme Court of India heard criminal appeals challenging the Gauhati High Court's orders cancelling bail granted to appellants under the Unlawful...

Supreme Court

Supreme Court Allows CBI's Appeal Against Grant of Default Bail to Accused in Corruption Case - Statutory Bail Right Extinguished Upon Filing of Charge Sheet Under Section 167(2) CrPC. Accused's Detention After Cancellation of Interim Bail Under Chapter XXXIII CrPC Does Not Count Towards 90-Day Period for Default Bail, as Charge Sheet Was Filed Before Bail Application Decided.

10 Apr 2023

The Supreme Court of India heard an appeal by the Central Bureau of Investigation (CBI) against a judgment and order dated 30.09.2022 passed by the Hi...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Expunges Adverse Remarks and Sets Aside CBI Direction in Bail Proceedings Due to Lack of Lis and Judicial Overreach. High Court's Remarks Against Non-Parties and Direction for Investigation Without Hearing Violate Principles of Judicial Restraint and Fair Opportunity Under Code of Criminal Procedure, 1973.

21 Mar 2023

The Supreme Court addressed appeals against an interim order of the High Court of Karnataka dated 07.07.2022, which involved adverse remarks and a dir...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Rape Case Involving Casting Couch Allegations Due to Overlooked Victim Credibility and Gravity of Offence. High Court's Grant of Bail Under Section 438 CrPC Set Aside as Court Emphasized Seriousness of Section 376 IPC Charges and Consistent Victim Statements Supporting Rape Allegations.

17 Mar 2023

The Supreme Court of India, in a judgment delivered by Justice Hima Kohli, addressed appeals arising from the High Court of Judicature at Bombay's ord...

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