Sentence
stringlengths 1
1.99k
| Label
stringclasses 7
values | instruction
stringclasses 1
value |
|---|---|---|
The High Court has stated that a large part of the delay has been 'due to laches committed from time to time by the Officers who have been charged with the duty to calculate the compensation | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is again due to mistakes committed by the authorities concerned that the matter is being remitted back to the Compensation Officer for disposal | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The force of these observations constrains us to direct that the proceedings before the Compensation Officer shall be completed within six months from today | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In this context, it is perhaps not irrelevant to remember that the appellant, a freedom-fighter, is an 83-year-old man and, at this stage of his life, the State should show commisseration not merely in quickly disposing of the proceedings but also in not being cantankerous in awarding and disbursing the balance compensation | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
With these directions and observations we affirm the orders under appeal but, while dismissing the appeals, direct the parties to bear their costs in this Court | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This appeal is directed against the final judgment and order dated 03.10.2007 passed by the High Court of Judicature,Andhra Pradesh at Hyderabad in Criminal Appeal No.436 of 2001 whereby the High Court dismissed the appeal filed by the appellant herein and confirmed the judgment dated 19.03.2001 passed by the Special Judge,C.B.I.Cases,Visakhapatnam in C.C.No.2 of 1998 | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Brief facts: "(a) The appellant-accused was working as a Head Clerk in the Traffic Cadre Section in the Office of the Senior Divisional Personnel Officer,South Central Railway,Vijayawada during the period from April,1992 to November,1997.The nature of duties of the appellant-accused included dealing with and processing of the matters like promotions,transfers,seniority list,roster list,pay fixation on promotions,retirements,resignations etc.of the personnel | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
b | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
One K.Rama Rao-the Complainant,who was examined as PW-1,was posted as Yard Points Man,Grade 'A' under Station Superintendent,South Central Railway,Tanuku from December,1995 to June,1997.In June,1997,due to excess staff at Tanuku | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
he was instructed to report at Head Quarters,Vijayawada and accordingly,when he reported there,he was asked to go back to Tanuku | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thereafter,he went back to Tanuku from where he was subsequently transferred to Rajahmundry | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thereafter,PW-1 made a representation to his senior officer requesting him for posting at Vijayawada,Cheerala,Vetapalam or Tenali | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Later,PW-1 was transferred to Vijayawada | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
c | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As the appellant-accused was dealing with the transfers,the complainant (PW-1) met him on 05.11.1997 at his office to pursue about the issuance of the said transfer order | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellant-accused asked him to come on 10.11.1997.When he met him on 10.11.1997,the appellant asked him to come on the next day as he was busy in pay-fixation work | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 11.11.1997,again he went to the office of the appellant but he could not find him on his seat | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Again a day after i.e.on | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
13.11.1997,when he met the appellant-accused,he informed him that his request for transfer has been processed and the order is ready and the same has been placed before the A.P.O.for signature and asked him to come on the next day,i.e.,on 14.11.1997,and demanded Rs.200/-for releasing the said office order | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
d | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the same day,(PW-1) reported the matter in writing to the Inspector of Police,Central Bureau of Investigation (in short 'the CBI),Vijayawada | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 14.11.1997,a trap was laid by the CBI officials along with panchas and when the accused demanded and accepted a sum of Rs.200/-as illegal gratification,he was caught red handed along with the money which was recovered from the right hand side pocket of his pant | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
e | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 15.11.1997,at 7.30 a.m.,an FIR was registered by the Inspector,CBI,Visakhapatnam Branch in Crime No.RC 20(A)/97-VSP.After recording the statements of the witnesses,Inspector of Police,CBI,Visakhapatnam filed charge sheet being No.2/98-YTR dated 29.04.1998 against the appellant-accused for an offence punishable under Sections 7,13(1)(d)(ii) read with S.13(2) of the Prevention of Corruption Act,1988 (hereinafter referred to as "the Act") in the Court of Special Judge for CBI Cases at Visakhapatnam | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
f | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Special Judge,CBI,by order dated 19.03.2001,convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-and,in default,to suffer simple imprisonment for one month for the offence punishable u/s.7 of the Act and one year rigorous imprisonment with a fine of Rs.500/-and,in default,to suffer simple imprisonment for one month for the offence punishable u/ss.13(1)(d) (ii | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
read with S.13(2) of the Act | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
g) Against the said order,the appellant-accused filed Criminal Appeal No.436 of 2001 before the High Court of Andhra Pradesh | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court,by impugned judgment dated 03.10.2007 dismissed the appeal filed by the appellant-accused and confirmed the conviction passed by the trial Court | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Hence,the appellant-accused has preferred this appeal by way of special leave petition before this Court | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Heard Mr | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
ATM Rangaramanujam,learned senior counsel for the appellant and Mr | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Harish Chandra,learned senior counsel for the respondent | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Notice only on quantum of sentence-hearing on all aspects | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Permissibility | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On 28.01.2008,this Court consisting of three Hon'ble Judges issued notice in this matter confining to the quantum of sentence only | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In pursuance of the same,we permitted Mr | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rangaramanujam,learned senior counsel for the appellant to address his arguments confining to quantum of sentence imposed on the appellant-accused | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As stated in the narration of facts,the appellant was convicted u/s.7 of the Act for which he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-,in default,simple imprisonment for one month | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He was also convicted for the offence under S.13(1)(d)(ii) read with S.13(2) of the Act and sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/-,in default,simple imprisonment for one month | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The trial Court ordered that both the sentences of imprisonment shall run concurrently | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The said conviction and sentence was affirmed by the High Court | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If we confine ourselves to the limited extent of notice dated 28.01.2008,we have to hear both sides only on the quantum of sentence | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
However,Mr.Rangaramanujam,learned senior counsel for the appellant by drawing our attention to the recent judgment of this Court in Yomeshbhai Pranshankar Bhatt vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Gujarat,(2011) 6 SCC 312 2011 Indlaw SC 370,submitted that in spite of limited notice,this Court,while exercising jurisdiction u/art.142 of the Constitution,in order to do complete justice while hearing the matter finally can go into the merits of the orders passed by the trial Court and the High Court | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the reported case,the appeal was against the concurrent finding of both the courts convicting the appellant u/s.302 IPC and sentencing him to suffer imprisonment for life | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
At the SLP stage,this Court,by order dated 27.07.2009,issued notice confined only to the question as to whether the petitioner was guilty of commission of an offence under any of the parts of S.304 Indian Penal Code,1860 (in short 'IPC') and not u/s.302 IPC.Similar request was made before the Bench that the appellant was entitled to urge all the questions including his right to urge that he should have been acquitted in the facts and circumstances of the case | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This Court,referred to the Supreme Court Rules,1966 which have been framed u/art.145 of the Constitution and also considered scope of its power u/art.142 as well as Order 47 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rule 6 of the Code of Civil Procedure,1908 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
in short 'the Code).While deciding the said question,the Bench has also considered the scope of S.100 of the Code for entertaining the second appeal | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It further shows that the Court considered the plea of the appellant therein for acquittal despite the fact that the notice was limited in terms of the order dated 27.07.2009.It is relevant to point out that the Bench in para 18,clarified the position and reopened the case in its entirety even though notice was issued confining to a particular aspect | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
After permitting the appellant therein to argue the case for acquittal on merits,it observed: " .......We,however,make it clear that this cannot be a universal practice in all cases | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The question whether the Court will enlarge the scope of its inquiry at the time of final hearing depends on the facts and circumstances of the case | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since in the facts of this case,we find that the appellant should be heard on all points,we have come to the aforesaid conclusion | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Emphasis supplied | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is clear that the Bench itself has clarified that they are not laying down the law that in spite of issuing notice confining to a particular aspect (in the case on hand -"quantum of sentence") the parties are entitled to urge all points and re-open the case as if they are free to do the same without any restriction | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As a matter of fact,the last sentence in para 18 makes it clear that in the facts and circumstances of that case,they permitted the appellants to urge all points on merits | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the case on hand,it is to be noted that on appreciation of oral and documentary evidence led in by the prosecution and the defence and on appreciation of entire materials,the court of first instance i.e.the trial Court convicted the appellant and sentenced him as mentioned above | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court,as an appellate Court,once again analysed all the material,discussed the oral and documentary evidence and finding that the prosecution had proved the guilt of the accused beyond reasonable doubt concurred with the conclusion arrived at by the trial Court and dismissed the appeal of the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Inasmuch as both the courts have thoroughly discussed the oral and documentary evidence with reference to the charges leveled against the appellant and in view of the limited order dated 28.01.2008 by this Court issuing notice confining to quantum of sentence only and even applying the analogy enunciated in Yomeshbhai 2011 Indlaw SC 370 (supra),we feel that it is not a case of such nature that the appellant should be heard on all points,consequently,we reject the request of the learned senior counsel appearing for the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Quantum of sentence | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Whether requires any reduction | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Mr | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rangaramanujam,learned senior counsel for the appellant submitted that inasmuch as the alleged incident took place on 14.11.1997 and 14 years have elapsed since then,the amount of Rs.200/-said to have been received by the appellant is trivial in nature and also of the fact that due to the said conviction and sentence he lost his job,leniency may be shown and sentence be reduced to the period already undergone | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He fairly admitted that out of the maximum period of one year,the appellant had served only 52 days in prison | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
With this factual position,let us consider whether the request of the learned senior counsel for the appellant is to be accepted and sentence be reduced to the period already undergone | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is not in dispute that the provisions of the Prevention of Corruption Act,1988 alone are applicable since the incident occurred on 14.11.1997 i.e.subsequent to the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.7 of the Act relates to public servant taking gratification other than legal remuneration in respect of an official act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If the said offence/charge is proved,the court has no other option but to impose sentence of imprisonment which shall be not less than six months but which may extend to five years and also liable to fine | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The said section reads as under:- " Public servant taking gratification other than legal remuneration in respect of an official act.-Whoever,being,or expecting to be a public servant,accepts or obtains or agrees to accept or attempts to obtain from any person,for himself or for any other person,any gratification whatever,other than legal remuneration,as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show,in the exercise of his official functions,favour or disfavor to any person or for rendering or attempting to render any service or disservice to any person,with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority,corporation or Government company referred to in Cl.(c) of Section 2,or with any public servant,whether named or otherwise shall,be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine........." (Emphasis supplied | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.13 deals with criminal misconduct by a public servant | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As per sub-s.(2) if any public servant commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
For clarity,we reproduce the said section hereunder: " Criminal misconduct by a public servant.-(1 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A public servant is said to commit the offence of criminal misconduct, (a) If he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in Section 7; or (b) If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person,any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been,or to be,or to be likely to he concerned in any proceeding or business transacted or about to be transacted by him or having any connection with the official functions of himself or of any public servant to whom he is subordinate,or from any,person whom he knows to be interests in or related to the person so concerned; or (c | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or (d | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If he,- (i | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
By corrupt or illegal means,obtains for himself or for any other person any valuable thing or Pecuniary advantage; or (ii) By abusing his position as a public servant,obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
While holding office as a public servant,obtains for any person any valuable thing or pecuniary advantage without any public interest; or (e) If he or any person on his behalf,is in possession or has,at any time during the Period of his office,been in possession for which the public servant cannot satisfactorily account,of pecuniary resources or property disproportionate to his known sources of income | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Explanation | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
For the purposes of this section "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance,with the provisions of any law,rules or orders for the time being applicable to public servant | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is useful to refer that in the Prevention of Corruption Act,1947 the same "criminal misconduct" which is available in S.13 of the 1988 Act had been dealt with in S.5 of the 1947 Act | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.5(2) of the 1947 Act mandates that any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
However,proviso to sub-s.(2) of S.5 gives power to the court that for any special reasons to be recorded in writing,impose a sentence of imprisonment of less than one year | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such relaxation in the form of a proviso has been done away with in the 1988 Act | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
To put it clear,in the 1988 Act,if an offence u/s.7 is proved,the same is punishable with imprisonment which shall be not less than six months and in the case of Section 13,it shall not be less than one year | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
No other interpretation is permissible | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Other circumstances pleaded for reduction of sentence | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In order to substantiate the claim with the regard to the above,learned senior counsel for the appellant has relied on the decision of this Court in Bechaarbhai S.Prajapati vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Gujarat,(2008) 11 SCC 163 2008 Indlaw SC 297 and based on the same requested this Court to modify the sentence to the extent of period already undergone | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have gone through the facts in that case | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is true that even in the cited decision,the appellant accused demanded only Rs.250/-and it was paid and accepted | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Finally,the Special Judge framed charges for offence punishable under Sections 7,12,13(1)(d) read with S.13(2) of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellant therein was convicted for offence u/s.7(2) of the Act and appeal before the High Court was also dismissed | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thereafter,the same was challenged before this Court | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This Court,after holding that the conclusion of the trial Court and High Court does not suffer from any infirmity considered the alternative submission which related to harshness of sentence | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In that case,taking note of the fact that the occurrence took place nearly seven years back and also of the fact that the appellant had suffered custody for more than six months,considering all these aspects,while maintaining the conviction,this Court reduced the sentence to the period already undergone | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since the appellant therein was convicted only u/s.7 and S.161 Cr | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
PC.,the minimum sentence being six months and of the fact that he had suffered custody for more than six months,the course adopted by this Court is perfectly in order and the same cannot be applied to the case on hand,wherein the appellant had undergone only 52 days when the minimum sentence was six months u/s.7 and one year u/s.13 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Learned senior counsel for the appellant further submitted that inasmuch as the incident had occurred on 14.11.1997 and the trial Court has convicted him on 19.03.2001 which was affirmed by the High Court on 03.10.2007,at this juncture,i.e.,after a gap of 14 years,there is no need to retain the same sentence and the Court is not justified in directing the appellant to serve the remaining period after such a long time | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.