Showing : 131-140 of 372 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401-- Dishonour of cheque - Finding recorded by trial Court and confirmed by Appellate Court - Finding needs no interference in revision...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203, 397, 401-- Complaint - Dismissed u/s 203 after taking cognizance and pre-issuance of process - Revision against - Right of accused to be heard - Held, once a challenge is laid to such order at instance of complainant in a revision petition before High Court or Sessions Judge accused persons get right of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 397(1)(3), 482-- Second revision - Maintainability - Held, against order passed in a criminal revision petition, no second revision is maintainable by virtue of bar u/s.397(3) Cr.P.C. - However, relief contemplated u/s.482 Cr.P.C. is still available, but High Court would exercise inherent jurisdiction in such an..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 397-- Revisional jurisdiction - Revisional Court can call for and examine the records of inferior Court - Revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence,..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 397, 482-- Revisional jurisdiction - Held, normally Court may not invoke its power under S.482 of the Code where a party could have availed of the remedy available u/s 397 of the Code itself - The inherent powers u/s 482 of the Code are of a wide magnitude and are not as limited as the power u/s 397 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 395, 396, 397, Evidence Act, 1872, Section 3-- Dacoity with Murder - Testimony of - Injured witness - Conviction despite some discrepancies - Sustainability - Discrepancies regarding number of accused persons involved - Eye-witness stated in her examination-in-chief that there were four or five persons but in cross-examination she stated that..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 395, 396, 397, 390, 391-- Dacoity and robbery - Distinction - Explained - When person involved in offence of theft of higher magnitude, then it becomes dacoity - When dacoity committed with murder and also results in causing grievous hurt to others, it becomes robbery punishable u/ss 395, 396 & 397 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 395, 396, 397-- Dacoity with murder - Essentials - Participation along with group of five or more persons indulging in robbery and in that process commits murder and also attempts to cause death or grievous hurt with deadly weapons would be sufficient...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 395, 396, 397, Evidence Act, 1872, Section 9-- Dacoity with murder - Test Identification Parade - Conviction based on evidence of injured witness - Witness gave full description of all accused and clothes worn by them as well as their physical features - No scope of doubt to unhesitant identification of accused persons - Conviction upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 397, 401, 482-- Revisional jurisdiction - Exercise of - Grant of benefit to no, appealing co-accused - Held, S.401 of Cr.P.C. itself is the source of power for High Court to pass orders in conformity with S.386 of Cr.P.C. in favour of no, appealing convicts also provided the Court in its discretion finds it just..........

Showing : 131-140 of 372 Results