Court : Punjab and Haryana
..... and in the wake of statement (ex.pe) of prosecutrix, the instant case was registered against the appellant, vide fir no.152 dated 18.2.1998 (ex.pe/2), on accusation of having committed an offence punishable u/s 376 read with section 511 ipc by the police of police station sadar ..... the civilized society. therefore, under the similar set of circumstances, as in the instant case, the accused were granted the benefit of probation of offenders act. the ratio of above- mentioned judgments mutatis-mutandis is applicable to the facts of the present case and is the complete answer to the problem in hand ..... granting the benefit of probation of offenders act, has to record special reasons. in the instant case, the trial judge did not assign any cogent reasons and just bye-passed the mandatory provisions on ..... posits that where in any case, the court could have dealt with an accused person under section 360 or under the provisions of the probation of offenders act, but has not done so, it shall record in its judgment the special reasons for not having done so. meaning thereby, the court while not ..... that there are sufficient grounds to and the trial judge did not assign any valid reasons, to negate the plea of concession of probation of offenders act or the benefit as envisaged under sections 360 and 361 cr.pc to the appellant, have considerable force. in support of his contention, he has .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 1996CriLJ376
..... 1 rec cri c 571.13. in view of the discussion above, it is directed that the petitioner be given the benefit of probation of offenders act and be released. accordingly, remaining sentence of the petitioner shall remain suspended upon his furnishing a bond in the sum of rs. 20,000/- of ..... of mst. rao. learned counsel for the appellant has pressed for our consideration the application of provisions of section 4 of the probation of offenders act, 1958 to his case. we are inclined to accept this stand taken on behalf of the appellant as justifiable and tenable in law on the ..... becomes a non-offender, observed as under (para i):-'we emphasise this because the legislations which relate to amelioration in punishment have been regarded as 'minor acts' and. therefore, of liltle consequence. this is a totally wrong approach and even if the bar does not help, the bench must fulfil the humanising ..... the case whether an accused convict can be given the benefit of the provisions of section 360 cr.p.c. or the provisions of probation of offenders act. the supreme court in the case of ved parkash v. state of haryana, : 1scr1279 , while emphasising the need of dealing with the ..... courts themselves.7. the courts have emphasised that sentencing an accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch. the courts are required to collect material necessary to award just punishment and also to apply its mind to the facts and circumsstances .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1975SC1470; (1975)2SCC105; SuppSCR270
..... . here the society is not objecting to the attachment and sale of the property, but the judgment-debtor is. we have seen there is no absolute prohibition against transfer of a right to occupation of the flat or even to transfer a share. the auction-purchaser is presumed to know the limitations under which ..... will not be in public interest nor in the interest of commerce to impose a ban on saleability of these flats by a tortuous process of reasoning. the prohibition, if intended by the legislature, must be in express terms. we have failed to find one.22. the phenomenon of ownership of flats as contra-distinguished ..... is the right to be sold in auction is not attachable in execution of the decree. there is nothing in section 31 to even remotely include a prohibition against attachment or sale of the aforesaid right to occupation of the flat. once section 31 is out of the way, we are left with section ..... a review of the foregoing provisions the position with reference to the particular society is as follows:19. there is no absolute prohibition in the act or in the rules or in the bye-laws prohibiting transfer of interest of a member in the property belonging to the society. the only transfer which is void under the ..... act is one made in contravention of sub-section (2) of section 47 [see section 47(3)]. we have not been able to find .....Tag this Judgment!
Court : Chennai
..... the registration of complaint in fir on 22.07.2003 by the inspector of police, velacherry under section 4 of tamil nadu prohibition of ragging act, 1997 and under sections 354 and 506(ii) ipc and under prohibition of harassment of women's act, 1998. on 23.07.2003, a team of police headed by the assistant commissioner conducted an enquiry with the alleged five senior ..... police station shall on receipt of the aid written complaint, register the case and proceed further in accordance with law.10. it is pertinent to note that the tamil nadu prohibition of ragging rules, 1999 came into effect by the state government by passing g.o.ms.no.366 on 26th july 1999. the occurrence took place in the year 2003, which ..... solemnly advise the second respondent institution to initiate disciplinary action against the principal, at the relevant point of time, for her inaction over the complaint of ragging, even after consciously having knowledge of tamil nadu prohibition of ragging rules, 1999, being in force.14. in the result, the writ petition is ordered on the above terms. it is made clear that the refund ..... complaint of the petitioner is nothing but exaggeration and basically, she was not interested in the course and as such she camouflaged the term 'ragging' in the institution. he further argued that as per tamil nadu prohibition of ragging rules, 1999, the student shall give the complaint in writing to the management within three days from the date of occurrence. his further submission .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 1990CriLJ723
..... under 21 years of age. the assistance of the probation officer for supervising the probationers is available to the court under the probation of offenders act. the probation officers, amongst other things, have to make an endeavour to find suitable employment to the offenders placed under their supervision as is ..... of the 1973 code. if so, it would follow as a necessary corollary that section 360 would become inapplicable to a state wherein probation of offenders act has been brought into force. therefore, state of himachal pradesh v. shakti parshad, (1984 cri lj 1812) (him pra) is no good law ..... the provisions of section 360. therefore, an option has been given to the state governments to apply or not to apply the provisions of the act to the areas falling within their territory, presumably keeping in view theirirespective law and order situation. no such option has been given as regards section ..... has allowed two different sets of law to remain on the statute book is not far to seek. the provisions of the probation of offenders act, 1958 are more beneficial and result-oriented and wider in scope and applicability for 'the reformation and rehabilitation of the offender as a useful and ..... force for the treatment, training or rehabilitation of youthful offenders.'the argument is that the question of affecting or not affecting the provisions of the act by section 360 of the 1973 code can only arise if it was within the contemplation of the legislature that both these provisions relating to .....Tag this Judgment!
Court : Kerala
Reported in : 2008CriLJ3737; 2008(2)KLJ518
..... no. 79/2007 on the file of the sessions court, kottayam for an offence under section 7 and punishable under section 4 of the kerala prohibition of ragging act, 1998 (the 'ragging act' for short). crl. r.p. nos. 3800 of 2007 and 1052 of 2008 have been filed by accused nos. 7 and 8 respectively ..... arise for consideration in these revisions:1. is the order passed by the trial court discharging a7 & a8 of the offences punishable under the kerala prohibition of ragging act, 1998 liable to be set aside?2. is the order passed by the court below declining to discharge a7 and a8 of the remaining offences, legal ..... cr.p.c. as per common order dated 14-08-07, the trial court discharged accused nos. 7 & 8 of the offences under the kerala prohibition of ragging act, 1998 but declined to give a discharge to accused nos. 7 & 8 for the remaining offences. the trial court also dismissed the application for discharge filed ..... under sections 342, 354, 366a, 328, 376(2)(g) and 506(ii) read with 34 ipc and section 4 of the kerala prohibition of ragging act, 1998. accused nos. 7 & 8 have committed offences punishable under sections 201 and 202 read with 34 ipc and section 4 read with section 7 of ..... the kerala prohibition of ragging act, 1998. accused nos. 7 & 9 have committed offences punishable under sections 120b, 201, 202 and 218 read with 34 ipc.the cognizance and post .....Tag this Judgment!
Court : Kerala
Reported in : 2008CriLJ1759; 2008(I)KLJ227; 2008(1)KLT317
..... for such offence depending on the materials available.26. the miscreahts, whoever they be, are alleged to have committed the offence of /ragging defined and punishable under the kerala prohibition of ragging act, 1998. the bane of ragging has been polluting the atmosphere in the professional college campuses of this country for a long period of time. nay, the vice has ..... enforcement machinery -the police, do in such a circumstance? these questions were raised.4. the police officers found that certainly the offence of ragging punishable under section 4 of the kerala prohibition of ragging act, 1998 was committed. but those offences are non-cognizable and bailable going by the schedule to the code of criminal procedure. there is no stipulations ..... even crept into other colleges, it is reported. acts of violence, mischief, harassment, humiliation etc. - not to speak of physical and mental torture inflicted ..... otherwise in the act. in these circumstances there was tentative attempts to make different allegations under sections 306, 377, 377 r/w. 511 i.p.c .....Tag this Judgment!
Court : Kerala
Reported in : AIR2009Ker54; 2009(1)KLJ226
..... action on receipt of a complaint in this regard. a crime was registered against the appellants for the offence punishable under section 4 of the kerala prohibition of ragging act 1998 (for short the act) and also under section 306 red with section 511 ipc.8. the application submitted by the appellants for anticipatory bail was dismissed by this court ..... learned counsel, 'misdemeanor' or 'misbehavour' of the students in the college campus cannot be equated with an act of 'ragging' as defined under the act.16. the kerala prohibition of ragging act 1998 was enacted with a view to put an end to ragging in educational institutions in the state which had grown to alarmingly disturbing proportions and led to calamitous consequences in some ..... of the campuses. though initially it might have been started as good natured pranks or innocuous jokes by the seniors to welcome junior students to the campus life, ragging ..... and dignity it is high time that some sense is knocked into their heads. the provisions contained in act 1998 should, under normal circumstances, achieve the desired results. but still, noticing the increasing number of reported incidents of ragging even after the above enactment especially the one involving gang rape, we are afraid that the educational institutions .....Tag this Judgment!
Court : Orissa
Reported in : 1996CriLJ1259; 1995(II)OLR260
..... discharged light-heartedely and in a mechanical manner without looking as to what the legislature mandates in the various provisions of the probation of offenders act and other acts. 6. in the case in hand admittedly the incident occurred at the spur of the moment. as the evidence goes, for trivial matter ..... nature of injuries, i am of the considered opinion that it is a fit case where the accused should be released under the probation of offenders act.7. in the result, while maintaining the conviction of the accused under section 324, ipc, sentence of five months rigorous imprisonment awarded to him ..... the statutory requirment merely by observing that it is not a fit case to extend the benefit of the provisions of the probation of offenders act. it should be kept in mind that sentence is not a routine or mechanical exercise. an offender should not be treated as an outcast ..... under section 324, ipc but reduced the sentence to five months rigorous imprisonment. he completely over-looked the beneficial provision of the probation of offenders act and failed to extend its benefit to the accused. it is well known a proposition of law that it is obligatory of the court to apply ..... he only confined his submission that the learned appellate court committed grave error in not extending the benefit of the provisions of the probation of offenders act to the accused. elucidating the point he urged that considering the genesis and origin of the incident, nature of injuries sustained by pw 9, the .....Tag this Judgment!
Court : Gujarat
Reported in : (2007)3GLR2597
..... to be mentioned in the judgment....it is not the case of the prosecution that the appellants sold or stored any adulterated or misbranded or prohibited articles of food. even in such cases if the offence is with respect to an article of food which is adulterated under sub-clause (1 ..... this hon'ble court (coram: hon'ble mr. justice n.j. pandya) in case of (the) state of gujarat v. ganpatbhai premjibhai joshi reported in 1998 (2) g.l.h. 787, has observed thus:4. in the decision reported in : air1975sc845 , almost similar situation was dealt with by their lordship ..... reasons. when the court otherwise is competent to reduce punishment than the minimum prescribed, then whether this is a case where the court should act in reformative manner and exercise powers vested with the court under the provisions of section 360 of the code of criminal procedure, is the question ..... court has decided to modify the sentence. the court was dealing with a case of selling food articles without licence under prevention of food adulteration act. the allegation against the accused was that he was found selling articles of food without licence. alongwith other aspects the apex court considered the ..... the substantive punishment imposed by the trial court, this court should think whether the appellant-accused can be given the benefit of probation of offenders act under the provisions of section 360 and 361 of the code of criminal procedure, because though minimum punishment is prescribed for the offence held proved .....Tag this Judgment!