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SUPREME COURT OF INDIA

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 54, 55, Constitution of India, 1950, Article 72, 161 -- Pardon - Power to grant pardon - Judicial review - Exercise/non-exercise of pardon power by the President or Governor is not immune from judicial review - Power of pardon cannot be exercised for political consideration - Consideration of..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Constitution of India, 1950, Article 72, 161 -- Power to grant pardon - Judicial review - Absence of any obligation to convey the reasons does not mean that there should not be legitimate or relevant reasons for passing the order - Since there is a power of judicial review, however, limited it may be, the same can be rendered to be an exercise in futility in the absence of..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Constitution of India, 1950, Article 72, 161, General Clauses Act, 1872, Section 14, 21, Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 54, 55 -- Pardon - Power to grant pardon - Judicial review - Exercise/non-exercise of pardon power by the President or Governor is not immune from judicial review - If it comes to the knowledge of the..........

ALLAHABAD HIGH COURT

Year of decision: 2006
Details

Evidence Act, 1872, Section 145, Criminal Procedure Code, 1973, Section 161, 162 -- Hostile witness - Cross examination of own witness - Permission can be granted only when examination-in-chief is closed and party calling witness becomes adverse party - If prosecution wants to cross-examine his own witness under Section 145 Cr.P.C. regarding his previous statements..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Prevention of Corruption Act, 1947, Section 4, 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 313 -- Illegal gratification - Presumption u/s 4 of the Act - Mere explanation in the statement u/s 313 Cr.P.C. is not sufficient to rebut statutory presumption u/s 4 of the Act unless it is established by accused either from inferences..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction in sentence - Demand and acceptance of illegal gratification - Incident occurred about 19 years ago - Accused is now more than 50 years old - Sentence reduced from one year to four months both u/s 161 IPC and Section 5(2) r/w S.5(1)(d) of Prevention of Corruption..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 161 -- Delay in examination of prosecution witnesses by police during course of investigation - Not a ground to create doubt regarding veracity of the prosecution case - But in the facts and circumstances of the present case, veracity of the prosecution case was highly doubtful...........

KARNATAKA HIGH COURT

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 3 -- Delay in recording statement of a witness - Does not affect the credibility of such witness unless it is shown that such witness had some motive to implicate the accused falsely in the crime...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Defence version - Accused started a criminal case against complainant for theft of electricity and complainant was found guilty which was however set aside in appeal - In view of this fact and other circumstances, defence case is more probable than that of the..........

Showing : 191-200 of 263 Results