Showing : 21-30 of 3378 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437(5)-- Cancellation of bail - Accused not violated any condition imposed upon him at the time of enlarging him on bail - Bail cancelled for no, deposit of amount as directed by High Court - Non-payment of amount directed to be deposited by accused in writ petition, cannot be considered as cancellation of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6-- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376 IPC set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A-- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by accused is also established from her own..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 231(2)-- Adjournment of cross-examination of CW1 - Bald assertion made by counsel of accused that defence of accused would be prejudiced if cross-examination of CWs 1 to 5 is not deferred until examinatio, i, chief of CWs 2 to 5 - No specific reasons pleaded for deferring cross-examination - Moreover,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439-- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29-- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5-- Allotment of flats to in service employees - Right to remain in lawful occupation of flats to subsist only so long in employment - Day on which services of employees came to an end, whether due to their tendering resignation or on attaining age of superannuation or for any other reasons, their..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 34-- Test Identification Parade (TIP) - Murder - TIP of accused conducted after 5 days from the incident - No explanation given for such delay - A-3 not identified during TIP - However, A-3 was identified in Court - This itself raises doubt about genuineness of TIP proceedings as well as dock..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5-- Allotment of flats to in service employees - Merely because respondents deposited some money with Board for allotment of flats in their personal capacity, no right accrued in their favour to remain in occupation of flats, after they ceased to be in employment of University, particularly when..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Promotion - Post of Executive Engineer - Encadrement of respondent to the post of Executive Engineer was rightly held to be illegal by Single Judge for following reasons: (i) Ex-cadre post of Executive Engineer was created only for respondent No.1 and giving him that post when he was much junior..........

Showing : 21-30 of 3378 Results