Showing : 51-60 of 263 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3)-- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused at any point of time prior to incident -..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 300-- Distinct offence - Second trial on the same facts - Permissibility - Acquittal in a case u/s 138 NI Act - Accused cannot be made liable for second trial on the same facts even for a different offence u/s 420 IPC, on the ground that some more allegations were not made in first trial, as bar..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Double presumption in favour of accused in case of acquittal: (i) presumption of innocence; (ii) accused having secured an acquittal. Court would not interfere until it is shown conclusively that inference of guilt is irresistible...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to order of acquittal..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Illegal gratification - Dismissal from service - Departmental enquiry and criminal case - Dismissal of employee on the ground of finding of guilt in departmental proceedings - However, employee acquitted in criminal case as prosecution witnesses turned hostile and won over - Acquittal by criminal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3)-- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No explanation given for the same, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860-- Compromise during pendency of appeal filed against conviction - Complainant and injured having no objection in acquittal of accused from charges levelled against them, as they are not interested in pursuing the proceedings initiated against accused - Moreover, nothing is mentioned in the judgment..........
DELHI HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 320, 482-- Attempt to murder - Compromise - Though the offence u/s 307 IPC is a serious offence and no, compoundable but High Court has power to accept the compromise - Instantly, investigation is at initial stage - No injury is caused to victim - Weapon of offence not recovered by police - If case is sent..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and failed to point out..........

Showing : 51-60 of 263 Results