Can Party in Person Seek Compensation Boost in Criminal Case?

2025 0 Supreme(SC) 856

, Nagpur, the matter was remitted to the Special Court for enhancement of sentence without even adhering to the salient principles of natural justice. ... Aggrieved by the enhancement of sentence in pursuance of his own appeal, the appellant herein preferred Criminal Appeal No.311/2021 before the Division Bench of the High Court by assailing order dated 28.04.2016 which obviously expressed its inability to proceed in the matter and instead suggested that ... Therefore, while in an appeal for e....

2023 0 Supreme(Bom) 1199

The criminal appeal preferred by the complainant for enhancement of the compensation was registered as Criminal Appeal No.57 of 2019, and the appeal preferred by the accused was registered as Criminal Appeal No.37 of 2019. Both appeals were decided on 13.06.2022. ... As far as the enhancement of the sentence is concerned, when a person is held guilty under Section 138 of the Negotiable Instruments Act, the Court may punish the accused with imprisonment for a term whic....

2022 Supreme(Online)(Mad) 60730

... A reading of the definition of ' criminal intimidation' would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation, or property of the person threatened, or to the person in whom the threatened person is interested and the threat must ... to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. .......

2022 Supreme(Online)(Chh) 1671

They need to be given certain rights and compensation, so that there is no distortion of the criminal justice system.' ... 9. S.2(wa) of the Cr.P.C. defines ' victim' which states as under: ... ' 2. ... The Supreme Court in the matter of Sandeep Kumar Bafna v. ... He would further submit that in the matter of Aparna Bhat and others v. ... Thereafter the Law Commission of India in its 154th report in Chapter XV on Victimology made several recommendations on compensation to the victim and again the Comm....

2024 4 Supreme 641

The two captioned appeals before this Court originate from Criminal Appeal (For Enhancement) No 906 of 2014 and Criminal Appeal No 1330 of 2014 decided by the High Court. 9. These two appeals, i.e. ... of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a civil court; (c) when any person is convicted of any offence for having caused the death of another person ....

Madurai Bench of Madras High Court

Wether the enhancement made by the Land Acquisition Tribunal is in accordance with law? 2. Whether there will be a deduction for developmental charges for the value determined? 3. To what other relief? ... Such view of the matter, since this Court has also considered those documents and fixed the compensation referring the above compensation fixed by the Tribunal, hence, the award of Tribunal fixing the compensation at Rs.11,772 ... In such view of the....

2024 Supreme(US)(ca1) 141

That alone is insufficient proof, he concludes, and accordingly the enhancement should not have applied as a matter of law. Unsurprisingly, the government disagrees.6 It argues that U.S.S.G. ... However, with respect to the obstruction-of-justice sentencing enhancement, it explained that the government could seek the enhancement because González-Santillan had engaged in conduct, his thirteen-year disappearance, that occurred after the plea agreemen....

He is, as I have said before, only a person who, prior to these proceedings, pat in motion the prosecution to see that a criminal offence was punished by informing her of the particulars thereof. ... In a criminal prosecution by the Crown, the party injured or other private complainant has not the right of appeal provided for in section 406 of the Criminal Procedure Code. ... Right to appeal for enhancement of punishment-Section 406 of the Criminal Procedure Code-Error of law or of fact-Error....

2023 Supreme(US)(ca6) 231

It also aligns with waiver’s purposes—to “discourage[ ] ‘perpetual litigation’ and promote[ ] finality in criminal proceedings by requiring that parties seek review of a claim in the first appeal.” United States v. Traxler, 517 F. ... See, e.g., Mullet, 822 F.3d at 847 (“In criminal case after criminal case, we have declined to allow a criminal defendant who fails to challenge part of a conviction in an earlier appeal to raise it in a later appeal.” (citing Adesida and McKinley, among others)). ... to....

2024 Supreme(US)(ca6) 268

The probation officer recommended a three-level enhancement because Cabbage acted as a supervisor in the conspiracy. See U.S.S.G. § 3B1.1(b). Cabbage initially objected to the enhancement on the grounds that he didn’t control another person. ... There, parties agreed on the defendant’s criminal history score, failing to recognize that recent changes in the law made that score incorrect. 998 F.3d at 699–700. By agreeing to a higher criminal history score, the parties invited the court to commit a legal e....

2019 0 Supreme(Del) 2525

To say the least, the manner in which such orders have been passed smacks of gullibility or unacceptable tendency to be populist on the part of the criminal courts throwing law and caution to winds resulting in public money (Victim Compensation Fund) being squandered. The compensation in the criminal law is not a matter of largesse.

2018 0 Supreme(AP) 935

It held that the High Court therein fell into grave error in not taking into consideration the uncontroverted documents relating to the appellants resignation from the post of Director of the company and had these documents been considered by the High court, it would have been apparent that the appellant has resigned much before the cheques were issued by the company. In such a matter, for promotion of justice or to prevent injustice or abuse of process, the High Court may look into the material which has significant bearing on the matter at prima facie stage. It also observed that....

2017 0 Supreme(All) 335

Having regard to these and overall facts and circumstances of each case, it needs to be taken into consideration whether to impose a fine or not, and it should not be a mechanical process of either imposing fine or not to impose fine. It is for the Court to decide whether any person involved in a criminal offence (victim) deserves payment of compensation. In all such cases, sentence of fine in conjunction with the sentence of imprisonment would be necessary and appropriate.

2015 0 Supreme(Guj) 1064

The object and purpose of Section 357A CrPC is to enable the Court to direct the State to pay compensation to the victim where the compensation under Section 357 CrPC is not adequate or where the case ended in acquittal or discharge and the victim is required to be rehabilitated. 6. On the aspect of compensation, the law on the subject is well settled and it is desirable to grant compensation in a criminal matter, which results into conviction. Right from the decision in case of Hari Kishan v. Sukhbir Singh, AIR 1988 SC 2127, till the decision of the Apex Court in case of S....

2013 0 Supreme(All) 1100

The petitioners were/are discharging the function in accordance with law. He further submitted that summoning a person in a criminal case to face the trial of a criminal offence is a serious matter. They are reputed person of the society and running a degree college affiliated with renowned university know as Lucknow University and if this prosecution is allowed to continue against the petitioners it would not only malign the position of the petitioners, but also amount to their harassment on vexatious ground.