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Quantum of punishment
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Knowledgebase Law and Legal Remedies - Litigation Process Case Law Quantum of punishment

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there shall not be punishment beyond the limit prescribed under the provisions of the Act

That Article 20(1) of the Constitution of India provides a protection to every citizen that there shall not be punishment beyond the limit prescribed under the provisions of the Act. In this case Cont...
Article 15(1) of the International Covenant on Civil and Political Rights (ICCPR.)

6.11. Similar is the protection available under Article 15(1) of the International Covenant on Civil and Political Rights (ICCPR.) It reads thus; “Article 15 1. No one shall be held guilty of any crim...
eturn of fine of Rs. 20,000 which was above the limit of Rs. 2000/

. In Bal Kishan Giri Vs.State of U.P. (2014) 7 SCC 280 had directed the return of fine of Rs. 20,000 which was above the limit of Rs. 2000/- as given in Section 12 of the Contempt of the Courts Act, 1...
power under Art. 129, 215 and its regulation by the Contempt of Courts Act,

In S. K. Sarkar, Member, Board Of ... vs Vinay Chandra Misra , 1981 SCR (2) 331, explained the power under Art. 129, 215 and its regulation by the Contempt of Courts Act,1971 as under; “Articles 129 a...
passes any order of punishment beyond the Act then the Court will be violating fundamental rights of the citizen

in the case of Sahara India Real Estate Corpn. Ltd. v. SEBI, (2013) 10 SCC 603 the Constitution Bench acknowledged and appreciated the  arguments of Ld. Sr. Counsel Sh. Soli Sorabjee which were in suc...
no person can be punished for a penalty not prescribed under Act or Statutory Rules

Hon’ble Court in Vijay Singh Vs. State (2012) 5 SCC 242, has ruled that no person can be punished for a penalty not prescribed under Act or Statutory Rules. The order of punishment being outside the p...
NO unlimited power

In Khemchand Agrawal Vs. Commissioner, Irrigation 2004 SCC OnLine Ori. 119 rejected the argument of unlimited power and it is specifically observed that if the provisions of Contempt of Courts Act, 19...
onviction envisaged under Article 20 of the Constitution

in case of Shanthiniketan Housing Foundation v. Brig J.N. Devaiah, 2009 SCC OnLine Kar 265 it is ruled as under; “The Division Bench of this Court held that, the conviction envisaged under Article 20 ...
Se 436 A of Cr. P. C - no person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law

Se 436 A of Cr. P. C. mandates that no person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said ...