Legal Reference Library

The Calcutta High Court, in PS Mitra vs Manor Travels Private Limited, has held that a judgment and order of conviction and sentence of imprisonment till the rising of the Court and an order of compensation imposed under Section 357(3) of the Code of Criminal Procedure with a direction to undergo imprisonment in default of payment of such compensation is appealable. The petitioner was convicted for commission of offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer imprisonment till the rising of the Court and directed to pay compensation to the tune of Rs.4 lakhs within one month in default to suffer simple imprisonment for two years. Initially, the petitioner preferred a revision petition before the Additional Sessions Judge, Fast Track Court, Calcutta and thereafter made an application for converting such revision into an appeal on the premise that the imprisonment for two years prescribed in default of payment of compensation is appealab...

The apex consumer commission slapped a penalty of 12 percent per annum on real estate major DLF Ltd to be given to 50 buyers for delaying giving possession of their flats in its Panchkula project in Haryana, saying it amounted to "cheating". The National Consumer Disputes Redressal Commission (NCDRC) bench headed by Justice J M Malik directed the firm to hand over the apartments to buyers as per a list proposed by DLF for scheduled possession, failing which it will have to pay a penalty of Rs 5,000 per flat per day to the buyers till the project is completed. The bench noted that the firm had to give the possession of the property within three years including the grace period from the date of letter of allotment till possession was to be given by 2013. After this, it will have to pay interest till the period it has now proposed before the commission, it said. If the flats are not given till the period now proposed by the firm, it will carry a penalty of Rs 5,000 per day till ...

In a significant ruling, the Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the properties left behind by him. The judgement was delivered by Justice Shalini Phansalkar Joshi, who observed that death of a convict does not discharge him from the liability of paying fine and compensation imposed by court, and this amount can be recovered from the properties left behind by the deceased. The judge recently dismissed a petition filed by Shamim Sarkhot, a resident of Srivardhan in Raigad district of Maharashtra, praying that she cannot be compelled to pay the fine and compensation imposed by a court on her husband as she was merely a legal heir of a dead convict. Shamim’s husband, Saifuddin, was convicted by a magistrate in Srivardhan for not honouring a cheque issued by him to a local businessman in 2006. The trial court had ordered him to pay Rs 25,000 fine to the state government and Rs 2.85...

Supreme Court in Employees State Insurance Corporation vs. A.K. Abdul Samad & Anr, has held that the Courts have no discretion to reduce the fine prescribed in Sec 85 (a) (i) (b) of the Employees’ State Insurance Corporation Act, once the offence has been established. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh held that discretion as per proviso to Section 85 (a) (i) (b) is confined only in respect of term of imprisonment. The Law 85(a)(i)(b) of the Employees’ State Insurance Corporation Act prescribes punishment for a particular offence under ESI Act as imprisonment which shall not be less than six months and the convict shall also be liable to fine of five thousand rupees. The proviso however empowers the court that it may, “for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term;” Background Facts The appellants were found guilty and were punished by imposing a fine of Rs.1000/- and w...

Bombay High Court has come down heavily on police officers for illegally detaining two doctors for more than two weeks in connection with a crime which was bailable. Division Bench comprising of Justices Ranjit More and Anuja Prabhudessai directed the Commissioner of Police to enquire into the matter of illegal detention and to take disciplinary action against the erring police officers. Costs of Rs. 50,000 was also directed to be paid to the doctors, which is to be borne by the errant police officers themselves. In this case, allegation against these doctors, who were brothers of the main accused, was that they cheated the complainant by giving false promise of marriage and thereby calling it off. The main accused was also charged with Section 376 IPC.  All of them were arrested on 7th June 2015 and despite directions of the High Court to consider their bail applications expeditiously, the Sessions Court failed to do so. They were finally released on 24th June 2015 following direc...