Ladhu Ram Chowdhary
27 March 2010 at 08:06
11. Whether it may be legal to award sentence of imprisonment in default of making payment u/s. 5 of Probation of Offenders Act while giving benefit of probation u/s. 4 P.O. Act to the accused ?
Ladhu Ram Chowdhary
27 March 2010 at 08:04
10. Is it true that a reasonable balance between reformative and deterrent theories of sentence has become the need of the day ?
Ladhu Ram Chowdhary
27 March 2010 at 08:03
9. Whether Ruchika death case raises any reason for reconsideration of the though that even respectable family background can be a good ground for giving benefit or probation ?
Ladhu Ram Chowdhary
27 March 2010 at 08:02
8. What should be the approach while dealing with a case where the victim as also the culprit, both belongs to such sect of society which requires special attention / protection and deserves sympathy ?
Ladhu Ram Chowdhary
27 March 2010 at 08:01
7. What factors are to be taken into consideration while considering grant of probation ?
Ladhu Ram Chowdhary
27 March 2010 at 08:00
6. Section 19 of Probation of Offenders Act has repealed Section 562 (substantially new Section 360) of Cr.P.C. subject to Section 18 which saves provisions contained in Section 5(2) (now Sec. 13(2) of Prevention of corruption Act, However, there is absolute bar regarding grant of probation in certain other Acts also e.g. for offences under P.F. Act of SC/ST (POA) Act. Both being special laws, how these provision can be reconciled ?
Ladhu Ram Chowdhary
27 March 2010 at 07:56
3. What mechanism should be evolved and observed to ensure that the person who breaches / abridges the terms and conditions of probation should not be left scot-free ? Whether he deserves comparatively harsh punishment ?
Ladhu Ram Chowdhary
27 March 2010 at 07:55
2. The degrees of Criminal intent and resultant Criminal liability are directly proportionate to each other, therefore, a person who causes death by rash or negligent act can be punished for imprisonment up to only two years whereas, the person who knowingly or intentionally commit it can be imprisoned for ten years / life term and even can be hanged. To the contra, a convict u/s. 304-A I.P.C. seldom gets benefit of probation whereas a similarly situated culprit of Section 304 part II I.P.C. may get it. Examine the justification behind it ?
Ladhu Ram Chowdhary
27 March 2010 at 07:54
1. Whether there is any conceptual conflict between “Benefit of Probation” & “The plea Bargain” and how it can be reconciled ?
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dishonour of cheque
tHE DRAWER OF CHEQUE HAS BEEN PROSECUTED FOR O/S 138 OF NI ACT.
Admitedly the notice was received by the wife of drawer/accussed and raising the presumption the court issued process against accussed.
Please cite me caselaw of SC