Tag Archives: imprisonment

Lower courts are best authority to check competence of child witness: DHC

The Delhi High Court recently clarified that the lower courts are the best authority to arrive at an impression regarding the competence of the child witness to testify and sentenced accused to fifteen (15) years of rigorous imprisonment for committing … Continue reading

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SEBI can’t arrest without following due procedure: BHC

Expounding upon the powers of arrest and detention of a recovery officer of Securities & Exchange Board of India (SEBI), the High Court of Bombay ruled that a tax recovery  officer cannot arrest or detain a person without reasons to … Continue reading

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Opportunity to Pub Prosecutor mandatory while hearing for bail at post-conviction stage: SC

The Supreme Court of India clarified that the appellate court while considering the release of the convict on bail at post-conviction stage has to give an opportunity to the public prosecutor for showing cause in writing against such release where … Continue reading

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Certain facts to be explained by accused: SC

The Supreme Court of India reiterated that there are certain facts that can be known only to the accused and burden is on the accused to explain those facts even though it is well settled that the burden of proving … Continue reading

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Unexplained Delay ground for commutation of death sentence: SC

In a landmark ruling, a Large Bench of the Supreme Court of India held that “unexplained and inordinate” delays in the execution of the death penalty were grounds to change the sentences to life imprisonment. The Court said, “if there … Continue reading

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Offence under Companies Act permissible to be compounded by Company Law Board: SC

The Supreme Court of India clarified that an offence committed by an accused under the Companies Act (“Act”), not being an offence punishable with imprisonment only or imprisonment and also with fine, is permissible to be compounded by the Company … Continue reading

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