Mitigating - Judgment Search Results

Sangeet and anr. Vs. State of HaryanA.

Court: Supreme Court of India

Reported in: 2012(11)SCALE140

..... code the court is principally concerned with the facts and circumstances whether aggravating or mitigating which are connected with the particular crime under inquiry all such facts and circumstances ..... does appear that in view of the inherent multitude of possibilities the aggravating and mitigating circumstances approach has not been effectively implemented 33 therefore in our respectful opinion not .....

State of Maharashtra Vs. Purushottam Dashrath Borate and Another

Court: Mumbai

..... an exhaustive enumeration one way or the other 206 dr chitale has suggested these mitigating factors mitigating circumstances in the exercise of its discretion in the above cases the court shall ..... in the said judgment has minutely scrutinized various circumstances and also the aggravating and mitigating circumstances including the circumstances of the criminals and its observed in paras 63 and .....

M/S. Harrisons Malayalam Ltd Vs. the Regional Provident Fund Commissio ...

Court: Kerala

..... for determining the quantum of damages under section 14b and that in case of mitigating circumstances the original authority can apply lesser rates than those prescribed under clause 32a ..... flexible approach has to be adopted even otherwise if rates are applied mechanically irrespective of mitigating circumstances then whole purpose of proceedings under section 14b of the act being quasi judicial .....

Bandi Venkateswarlu Vs. State of A.P. Rep. by Public Prosecutor

Court: Andhra Pradesh

..... this burden by demonstrating the existence of aggravating circumstances and the consequential absence of mitigating circumstances in discharging such burden the prosecution has to not only prove its ..... prosecution though the participation of the appellant accused is proved considering the aggravating and mitigating circumstances we are of the considered opinion that in the facts and circumstances .....

Bandi Venkateswarlu Vs. State of A.P. Rep. by Public Prosecutor,

Court: Andhra Pradesh

..... this burden by demonstrating the existence of aggravating circumstances and the consequential absence of mitigating circumstances in discharging such burden the prosecution has to not only prove its ..... prosecution though the participation of the appellant accused is proved considering the aggravating and mitigating circumstances we are of the considered opinion that in the facts and circumstances .....

Geys Vs. Societe Generale, London Branch

Court: UK Supreme Court

..... by an award of damages the harsher consequences of this approach for individuals have been mitigated in the last half century by a parallel scheme of statutory protection of employment operating ..... case i have already drawn attention to the additional uncertainty associated with the question of mitigation by comparison if the contract ends when the employment relationship ends the position is clear .....

State of Punjab Vs. Dalbir Singh

Court: Supreme Court of India

..... from consideration in fixing the ultimate punishment of death the possibility of compassionate or mitigating frailties of humankind it treats all persons convicted of a designated offense not as ..... term it is essential that the capital sentencing decision allow for consideration of whatever mitigating circumstances may be relevant to either the particular offender or the particular offense because .....

Hh and Others Vs. Deputy Prosecutor of the Italian Republic, Genoa and ...

Court: UK Supreme Court

..... were not infrequently a material consideration in sentencing and there were more options available to mitigate the consequences of separating parent and child as to alternatives to extradition articles 4 ..... the sole or primary carer for a dependant or dependants is expressly included as potential mitigation 130 the principle therefore is well established and habitually applied in practice however it .....

The General Council of the Bar of South Africa and Another Vs. Brenton ...

Court: South Africa Supreme Court of Appeal

..... is taken together with his other misconduct and the absence of any exceptional circumstances either mitigating that misconduct or demonstrating reform in my view the only possible sanction is that his ..... been dishonest 177 on reflection however i have concluded that this did not affect or mitigate the finding of dishonesty because such dishonesty was obvious the vorster committee had no difficulty .....

State Tr.P.S.Lodhi Colony Vs. Sanjeev Nanda

Court: Supreme Court of India

..... given our serious thought to the whole matter and are of the considered opinion that mitigating circumstances as mentioned in para 26 hereinabove are heavier than the aggravating circumstances the ..... villager but an educated urban elite undergoing studies abroad we have to weigh all these mitigating and aggravating circumstances while awarding the sentence sentencing57 we have to decide after having .....