Showing : 591-600 of 3166 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3)-- Investigation - Direction to police to investigate and file charge sheet - Order by which Magistrate directed police to file charge sheet is beyond his jurisdiction - Registration of FIR and filing charge sheet are two different things - Registration of FIR does not ipso facto mean that in all..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 82, 83-- Issuance of process u/s 83 Cr.P.C. - Quashing of order - Petitioner while challenging impugned order already joined trial and is released on anticipatory bail - Purpose of proceedings u/ss 82, 83 Cr.P.C. is to initiate proceeding qua accused for joining investigation - Since said purpose is..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r)-- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2-- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97-- Search warrant - Two conditions are sine qua non prior to passing of an order u/s 97 Cr.P.C. viz: (i) person in connection with whom request for search warrant is made, should be shown to be in wrongful and illegal confinement and; (ii) prima facie satisfaction of Magistrate that concerned person..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342-- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to warrant..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 451, 482-- Vehicle - Order to release on furnishing bank guarantee - Petitioner not in a position to furnish bank guarantee - Order modified - Vehicle ordered to be released on furnishing personal bond with two sureties in the like amount...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If at the time of passing an order of acquittal two opinions are possible on some point and trial Court has taken one in passing acquittal order, Appellate Court may not interfere with the order of acquittal and take another view unless there is some glaring mistake of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4-- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in miscarriage of justice - High Court being First Appellate Court, is..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 209-- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........

Showing : 591-600 of 3166 Results