Court : US Supreme Court
..... 442 taken together, these cases establish that proceedings and penalties under the civil false claims act are indeed civil in nature, and that a civil remedy does not rise to the level of "punishment" merely because congress provided for civil recovery in excess of the government's actual damages, they do not foreclose the possibility that, in a particular case, a civil penalty authorized by the act may be so extreme and so divorced from the government's damages and expenses as to constitute punishment. ..... (c) while the district court correctly found that the disparity between its approximation of the government's costs and respondent's statutory liability is sufficiently disproportionate that the sanction provided by the act constitutes a second punishment violative of double jeopardy, the case is remanded to permit the government to demonstrate that that court's assessment of its injuries was erroneous, since it would be unfair to deprive the government of an opportunity to present an accounting of ..... they do not dispute that respondent halper already has been punished as a result of his prior criminal proceeding when he was sentenced to a jail term and fined $5,000. ..... 168 (1874). .....
Tag this Judgment!Court : Supreme Court of India
..... to simple imprisonment, -(a) shall rise and retire to rest at such hours as may be prescribed by the superintendent ;(b) shall be permitted to wear his own clothes, which if insufficient for decency or warmth shall be supplemented by such jail clothing, not exceeding the scale provided for convicts sentenced to rigorous imprisonment, as may be necessary to make up the deficiency, but shall wear the ordinary convict s clothing if he elects to labour and is employed on ..... ashtha sharma, counsel for the state of west bengal, stated that the discrimination on the basis of caste/creed/ religion as envisaged in the provisions of west bengal jail code rules, 1967 (rules no.741, 793, 860 and 1117) are not in force/ practice within the correctional homes of west bengal since long, and that a ..... justice krishna iyer advocated for a humane system within prisons: in every country, this transformation from cruelty to compassion within jails has found resistance from the echelons and the great divide between pre-and- post constitution penology has yet to ..... mandate of article 17, parliament has enacted several legislations such as the untouchability (offenses) act, 1955 (later renamed as protection of civil rights act, 1955), scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter poa act ), employment of manual scavengers and construction of dry latrines (prohibition) act, 1993, and prohibition of employment as manual scavengers and their rehabilitation act, 2013 .....
Tag this Judgment!Court : Supreme Court of India
..... fact that except high courts of smaller strength having jurisdiction over smaller states, each high court is flooded with petitions under article 227 of the constitution of india for challenging the interim orders passed in civil and criminal proceedings, the petitions under section 482 of the cr.pc for challenging the orders passed in the criminal proceedings and petitions filed in the exercise of revisional jurisdiction under the cpc and the ..... further directions were issued that in all pending matters before the high court or other courts relating to prevention of corruption act or all other civil or criminal cases where stay is operating in pending trials, it will automatically lapse after six months unless a speaking order is passed extending the same. ..... if a high court concludes after hearing all the concerned parties that a case was made out for the grant of stay of proceedings of a civil or criminal case, the order of stay cannot stand automatically set aside on expiry of the period of six months only on the ground that the high court could not hear the main case. ..... there are different categories of cases which, by their very nature, are required to be given utmost priority, such as the cases of the accused in jail and the cases of senior citizens. ..... for disposal of trial on the ground that the petitioner has undergone incarceration for a long time without realising that the concerned trial court may have many pending cases where the accused are in jail for a longer period. .....
Tag this Judgment!Court : Supreme Court of India
..... iv) an oversight committee may be constituted at the state government level, comprising of i) principal secretary (home/jail), ii) secretary (law deptt), iii) secretary, state legal services authority, iv) dg/ig (prisons) and v) registrar general of ..... the sake of convenience and for extending the benefit of this sop to the under-trial prisoners, we wish to extract the sop in its entirety in this 70 order so that all concerned parties act in tandem to ensure due compliance of this sop and the compliance thereof is incorporated in the next report. ..... note: the committee may appoint a nodal officer and take assistance of any civil society representative/social worker/ district probation officer to assist them in processing cases ..... undertrial prisoners1 if the undertrial prisoner is not released from the jail within a period of 7 days of order of grant of bail, then the jail authority would inform secretary, district legal services authority (dlsa).2. ..... convicted person is unable to get released from the jail on account of non- payment of fine amount, the superintendent of the jail would immediately inform secretary, dlsa (time bound manner ..... not be available to persons who are accused of offences under prevention of corruption act, prevention of money laundering act, ndps or unlawful activities prevention act or any other act or provisions, as may be specified later. ..... for this, dlsa may take the assistance of civil society representatives, social workers/ ngos, 73 district probation officers .....
Tag this Judgment!Court : Supreme Court of India
..... this resulted in statutes such as the protection of civil rights act, 1955, scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, bonded labour system (abolition) act, 1976, immoral traffic (prevention) act, 1956, the prohibition of employment as manual scavengers and their rehabilitation act, 2013, and their respective amendments. ..... union of india282, the petitioner, a social activist brought to the attention of this court that the state of west bengal jailed persons with mental disabilities who are not suspected, accused, charged of, or convicted for, committing any offence but only for the reason that they are mentally ill. ..... this court held that the admission of such mentally ill persons to jails was 281 in the context of the right to speedy trial, see sc advocates-on-record association v. ..... i have never been to jail in my life, but i've heard that it's better than this.15. ..... the decision to jail them was made based on an instant assessment of their mental health. ..... jail visitation rights and the right to access the body of the deceased partner and arrange the last rites; and 288 (2018) 5 scc1289 2023 scc online sc99246 part g iv. .....
Tag this Judgment!Court : Supreme Court of India
..... have been imprisoned for life for murder with rape, murder with dacoity, murder involving any offence under the protection of civil rights act 1955, murder for dowry, murder of a child below 14 years of age, multiple murder, murder committed after conviction while inside jail, murder during parole, murder in terrorist incident, murder in smuggling operation. ..... lastly, counsel pointed to material produced by the respondent state itself, to demonstrate that the jail advisory board had found the petitioner, who 7 is aged 67 years old, to be hardworking, disciplined, and reformed, and prayed for his ..... relying on replies received (under the right to information act, 2005) from the respective jails in which the petitioner has been lodged counsel demonstrated that from 2000-2016, a total of 28 convicts sentenced to life imprisonment, who were involved in the murder of a woman, had been granted ..... course of hearing, it was pointed out that the petitioner s case had been considered by the advisory committee/jail advisory board under 1 by judgment dated 23.03.1996 passed by the sessions court, thrissur in s.c. ..... the discussions in the minutes of the meetings of the jail advisory board are also positive and find that he is hardworking, disciplined, and a ..... these are summarized below: advisory committee/jail advisory board date & statutory provisions/rules consideration of petitioner s case and reasoning applied 10.08.2011 petitioner s case unanimously rejected as it was a case of premediated [ .....
Tag this Judgment!Court : Supreme Court of India
..... the abovementioned law commission report were again emphasized by the law commission in its report no.416, wherein it was explicitly stated that there was an urgent need to protect the civil liberties of accused persons against the misuse of section 344 of the 1898 act, wherein the accused persons, on grounds of a preliminary report and pending investigation, were remanded to custody 5 law commission of india in report no.14, vol. ..... agency and the trial court, thus, failed to observe the mandate of law, and acted in a manner which was manifestly arbitrary and violative of the fundamental rights guaranteed to ..... time, because of the abovementioned provision of the 1898 act, led to a widespread practice wherein investigating officers would file preliminary chargesheets after the expiry of the remand period, and subsequently request the magistrate 10 to postpone the commencement of trial and remand the accused under section 344 of the 1898 act for a further time, till the final chargesheet was ..... under section 167 of the code of criminal procedure, 1898, which was the act that governed criminal procedure before the enactment of crpc presently in force, an accused, either under judicial or police custody, could be remanded only for a ..... on reforms of the judicial administration, wherein it was stated that in many cases, the accused persons, without the filing of any detailed reports before the courts by the investigating authority, were languishing in jail for a prolonged period of time. .....
Tag this Judgment!Court : Supreme Court of India
..... court with the following questions of law: (i) whether on the facts and in the circumstances of the case, the tribunal after construing and interpreting the provisions contained in section 69a of the income tax act, 1961 was right in law, in holding that the assessee was the owner of the 144 silver bars found at premises no a11& 12 , sector - vii, noida and two silver bars found ..... observed that the judgment is an authority only for the proposition that illegality of any business is irrelevant for the purpose of computing the net income thereof under the income-tax act and while the revenue is entitled to levy tax on the income of the assessee earned even from unlawful business, the assessee is also entitled to insist on deduction of loss arising ..... the purpose of the insertion of the aforesaid explanation was explained by the central board of direct taxes circular no.772 dated 23.12.1998, disallowance of illegal expenses 20.1 section 37 of the income-tax act is amended to provide that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the ..... the goods is concerned, it is a proceeding in rem and the penalties 21 civil appeal no.7689-7690 of2022are enforced against the goods whether the offender is known or not known and the order of confiscation under section 182 of the sea customs act operates directly upon the status of the property and under section 184 transfers an absolute ..... jail .....
Tag this Judgment!Court : Supreme Court of India
..... by the gsfc, is clearly unsustainable as one accused surjit singh @ pahalwan was given relief by the high court by quashing the fir against him on the ground that he was lodged in central jail, amritsar on the said date(s), and the other co-accused lakhwinder singh was also discharged by the trial court itself in the absence of any evidence. ..... , the local police conducted a search and a few jerrycans of acetic anhydride, a controlled substance under section 9a of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act ), were stated to be located in pakistani territory and in the fields owned by indian civilians adjoining the 2 border, for which first information report ..... by the above provisions, the relevance, efficacy and reliability of the confessional statement of appellant nasir when examined on the touchstone of sections 10 and 30 of the evidence act, it will have to be stated that the confession of a co-accused cannot be treated as substantive evidence to convict other than the person who made the confession on ..... the date of alleged incident, surjit singh @ pahalwan was lodged in the central jail, amritsar and could not have been involved in 4 the crime. ..... the bsf act for civil offence committed in contravention of section 25 of the ndps act and one charge under section 40 of the bsf act. ..... singh @ pahalwan was given relief by quashing the fir concerned, as he was able to establish his incarceration in jail on the date of the incident.28. .....
Tag this Judgment!Court : Supreme Court of India
..... or agent of any person, the signature and addition of such representative, assign or agent; 49 b) the signature and addition of every person examined in reference to such document under any of the provisions of this act; and c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or ..... or agent of any person, the signature and addition of such representative, assign or agent; (b) the signature and addition of every person examined in reference to such document under any of the provisions of this act; and (c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or ..... not produced on record; the executant of the poa in favour of plaintiff no.2 has not stepped into the witness box; there is a non- compliance of section 33(1)(c) of the registration act; and the plaintiff no.2 is claiming title on the basis of the poa alleged to have been executed by the original owner which is not forthcoming and that plaintiff no.1 is claiming the title ..... (a) and (b) of this section, namely (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend: (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in the court. .....
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