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Showing posts with label default sentence. Show all posts
Showing posts with label default sentence. Show all posts
Tuesday, 9 August 2022

Questions and answers on law Part 43

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 Q1:-  Whether the court can allow production of sale deed of subsequent purchaser of suit property as additional evidence in a civil appeal...
Sunday, 22 August 2021

Whether court can direct that default sentences can run concurrently?

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  In terms of the decision taken by this Court in Sharad Hiru Kilambe, the default sentence cannot be directed to run concurrently.  The dis...
Sunday, 24 January 2021

Whether the court can direct concurrent running of default sentences in cheque dishonour case?

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Having considered the facts and circumstances of the present case, offence involved, sentences awarded, period of detention of the petitione...
Tuesday, 2 June 2020

Whether accused is absolved of making payment of fine if he has undergone the sentence of default imprisonment?

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1) Section 70 of IPC runs as follows : "The fine, or any part thereof which remains unpaid, may be levied at any time within six ...
Thursday, 31 October 2019

Supreme Court: Governing principle for determining amount of fine to be imposed

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 Insofar as the nature and extent the power to impose fine is concerned, Section 63 of the Indian Penal Code provides some guidelines and ...
Thursday, 20 September 2018

Whether Default Sentences, Inter Se, Can Be Directed To Run Concurrently?

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  The principle laid down by the Hon’ble Apex Court in the decisions cited supra makes it crystal clear that imposition of the term of im...
Saturday, 10 March 2018

Whether convict is liable to pay compensation even after he has undergone default sentence in cheque dishonour case?

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  The High Court, by the impugned judgment dated 8th August, 2012, held that despite the fact that the default sentence was undergone, yet,...
Saturday, 2 September 2017

When accused can not be relieved from default sentence for non-payment of compensation in cheque dishonour case?

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Negotiable Instrument Act, 1881 (Central Act 26 of 1881) - Section 138-- The fact that the accused has undergone civil detention, for non-...
Tuesday, 11 July 2017

Whether accused is liable to pay compensation even if he has undergone default sentence in cheque dishonour case?

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 These two judgments make it clear that the deeming fiction of  Section 431  Cr.P.C. extends not only to  Section 421 , but also to  Sec...
Sunday, 14 May 2017

Whether compensation is recoverable in cheque bounce case if accused has undergone default sentence?

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The present appeals raise an interesting question as to whether when compensation is ordered as payable for an offence committed under ...
Thursday, 29 December 2016

Whether it is mandatory for court to impose default sentence together with a sentence of fine?

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 From the wordings of the provision that, it shall be competent to the Court which sentences such offender to direct by the sentence that,...
Friday, 1 April 2016

Whether court can award default sentence for non-payment of fine when he has given benefit of probation of offender Act to accused?

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The Apex Court in Isher Das v. The State of Punjab (AIR 1972 S.C. 1295), referring to the Prevention of Food Adulteration Act and the ...
Sunday, 15 November 2015

Whether court can impose default sentence for non-payment of compensation U/S 5 of Act probation of offenders Act?

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                 An injunction is enacted by the Act against passing of the sentence of imprisonment, which the court under the normal ci...
Saturday, 22 June 2013

Whether default sentences for non-payment of fine can be ordered to run concurrently?

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The principle laid down by the Hon'ble Apex Court in the decisions cited supra makes it crystal clear that imposition of the term of im...
Sunday, 13 January 2013

Supreme court: Court should consider the capacity of accused to pay before issuing a direction to pay compensation

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"The payment by way of compensation must, however, be reasonable. What is reasonable, may depend upon the facts and circumstances ...