Anonymous
27 March 2010 at 14:18
What are the things of the consideration for the High Court before transfering any criminal application from one court to another court under s.407. Any citation of Supreme Court/ High Courts???.
manish
27 March 2010 at 13:19
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
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 ?
10. Is it true that a reasonable balance between reformative and deterrent theories of sentence has become the need of the day ?
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 ?
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 ?
7. What factors are to be taken into consideration while considering grant of probation ?
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 Section 19 of Probation of Offenders Act has repealed Section 562 (substantially new Section 360) of Cr.P.C. subject to Section 18 which saves provisions contained in Section 5(2) (now Sec. 13(2) of Prevention of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 ?
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 ?
494ipc
Sir,
kindly inform whether a pending civil suit can be an evidence in a criminal case filed u/s 494 ipc and aslo inform whether a criminal case u/s 494 filed before the police is acceptable?