Showing : 3081-3090 of 12064 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420-- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil nature - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 353, 354-- Recording of decision - Duty of Court - Held, while recording decision with clarity Court is also supposed to record sufficient reasons in taking a particular decision or arriving at a particular conclusion - Reasons should be such that they demonstrate that decision has been arrived at on a..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Non examination of husband of deceased, a relevant eye witness and three other injured witnesses - No expalanton given by prosecution for their non examination - Non examination of the material witnesses is significant as PW-11 is really an interested witness as he had an axe to grind..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204-- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 53, 54-- Medical Examination of person suspected or accused of having committed an offence - Cannot be forcibly subjected to medical examination - If police officers use force for that purpose person aggrieved can lawfully exercise such right of private defence to resist such force...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution against public servants - Following ingredients must be satisfied - (a) Person concerned is or was judge or magistrate or public servant; (b) Such Person is not removable from his office save by sanction of Government; (c) Such person is accused of commission of an offence; and (d)..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Official Duty - Interpretation of - It denotes a duty that arises by reason of an office or position of trust or authority held by person...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servants - Protection under - Held, test of direct and reasonable connection between official duty of accused and acts allegedly committed by them is, therefore, true test to be applied while deciding whether protection u/s 197 CrPC is available or not...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servant - Held, public functionaries cannot under the cloak of purported discharge of official duties resort to harassment and humiliation of citizens on the pretext of complaint received by them, especially when the same does not disclose commission of any offence triable by..........

Showing : 3081-3090 of 12064 Results