Showing : 21-30 of 44488 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19-- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Interim maintenance - Plea that wife is professionally qualified and is earning well - No document in support of such plea filed - Plea in absence of any supporting document, remains a disputed question and needs to be tested in trial - Order granting interim maintenance, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Wakf property - Merely because property is a Wakf property, would not oust jurisdiction of Civil Court - Only matters which would fall within prescription of S.6(1) r/w S.6(5) of Wakf Act would not be entertained by Civil Court...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(2), (8), 156, 210-- Further investigation - When a protest petition seeking further and proper investigation is pending at the instance of complainant, propriety demands that I.O must refrain from submitting final report till Magistrate issues direction on pending petition/complaint filed by complainant - Alternative..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of charge, Court has to see if there is sufficient ground for proceeding against accused - While evaluating materials, strict standard of proof is not required, only prima facie case against accused is to be seen...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - For framing of charges, judge is not required to record detailed reasons...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34-- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in interfering with..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for..........

Showing : 21-30 of 44488 Results