Deterrence - Judgment Search Results

State of Madhya Pradesh Vs. Santosh Kumar

Court: Supreme Court of India

Reported in: AIR2006SC2648; 2006CriLJ3636; JT2006(6)SC320; 2006(7)SCALE101; (2006)6SCC1

..... society therefore in operating the sentencing system law should adopt the corrective machinery or the deterrence based on factual matrix by deft modulation sentencing process be stern where it should be ..... will lose faith in courts in such cases he understands and appreciates the language of deterrence more than the reformative jargon therefore undue sympathy to impose inadequate sentence would do .....

Anza Vs. Ideal Steel Supply Corp.

Court: US Supreme Court

..... would be unjust to declare some of their lawsuits unnecessary for deterrence absent any basis for doing so in the relevant statute ..... latter kind of suit at least arguably would have provided helpful deterrence had the view of sedima s dissenting justices prevailed id ..... same but the dissent did not prevail and the need for deterrence consequently offers only weakened support for a reading of rico that .....

Al-falah (Exports) Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the sense that its consequences are intended to be an effective deterrent which will put a stop to practices which the legislature ..... s conduct it may be seen that penalty is imposed as deterrent step or measure parliament has considered each aspect and enacted with ..... and prescribed by legislature to be as a regulatory measure or deterrent from doing or not doing an particular act which is undesirable .....

State of Karnataka by Jalahalli Police Station Vs. Joseph Rodrigues S/ ...

Court: Karnataka

..... society therefore in operating the sentencing system the law should adopt the corrective machinery or deterrence based on factual matrix by deft modulation sentencing process be stern where it should be ..... will lose faith in courts in such cases he understands and appreciates the language of deterrence more than the reformative jargon therefore undue sympathy to impose inadequate sentence would do .....

G. Narasimha Murthy Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 2006(3)ALD370; 2006(3)ALT433

..... for the use of an aerodrome is no barrier or burden or deterrent to traders who in their absence may have to take a longer ..... of tax or toll to an amount which would be prohibitive or deterrent or create other impediments which instead of facilitating trade and commerce would ..... charge for a facility provided and that which would really be a deterrent to a trade but the distinction if it has to be drawn .....

Burlington, N. and S. F. R. Co. Vs. White

Court: US Supreme Court

..... distress an indefinite suspension without pay could well act as a deterrent to the filing of a discrimination complaint even if the suspended ..... annoyances and simple lack of good manners will not create such deterrence see 2 eeoc 1998 manual 8 p 8 13 we ..... say an indefinite suspension without pay could well act as a deterrent even if the suspended employee eventually received backpay cf mitchell 361 .....

Suresh Rai Son of Sri Sankatha Rai Vs. Assistant Regional Manager, U.P ...

Court: Allahabad

Reported in: [2006(109)FLR1019]

..... separate misconducts b the very basis of giving punishment in criminal or service jurisprudence is deterrence reform earning thereby that each act of misconduct should be followed by a separate ..... separate incidents of misconducts the punishments would be clubbed together thereby not only reducing the deterrent aspect of punishment but also reducing the opportunity to reform c normally for separate .....

Shailesh Jasvantbhai and anr. Vs. State of Gujarat and ors.

Court: Supreme Court of India

Reported in: 2006CriLJ1132; (2006)2GLR1428; JT2006(1)SC639; 2006(1)SCALE561; (2006)2SCC359; 2006(1)LC398(SC)

..... society therefore in operating the sentencing system law should adopt the corrective machinery or the deterrence based on factual matrix by deft modulation sentencing process be stern where it should be ..... of murder perpetrated in a very brutal manner without any provocation most deterrent punishment is not given the case of deterrent punishment will loss its relevance in state of m p v .....

Commr. of C. Ex. Vs. Illpea Paramount Pvt. Ltd.

Court: Punjab and Haryana

Reported in: 2006(204)ELT22(P& H); 2006[4]STR416

..... that object of providing minimum sentence is to provide for a deterrent sentence vii jagdish prasad and anr v state of up ..... process wanted to fix a minimum sentence of imprisonment for giving deterrent impact on other public servants who are prone to corrupt ..... corruption cases with very strong hand and to give signals of deterrence as the most pivotal feature of sentencing of corrupt public servants .....

Aloke Nath Dutta and ors. Vs. State of West Bengal

Court: Supreme Court of India

Reported in: 2006(13)SCALE467; (2007)1Crimes321; 2007(1)KCCRSN23(SC); (2007)12SCC230

..... we are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty we may furthermore notice that the privy ..... given situation there may be one section of society which may cry for a very deterrent sentence while another section of society may exhort upon the court to be lenient in .....