Showing : 611-620 of 1335 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Word "presuming" - Held, "presuming" is an expression of relevancy and places some weightage on consideration of the record before Court - Prosecution's record, at this stage, has to be examined on the plea of demur - Presumption is of a very weak and mild nature - It would..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227-- Discharge of accused - Magistrate in considering discharge application taken into account documents produced by accused - Held, at the time of framing charge or taking cognizance accused has no right to produce any material - Impugned order suffered material irregularity and illegality -..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Confession of guilt - Accused cannot be convicted solely on the confession of guilt made in the examination u/s 313 Cr.P.C. in the absence of any other evidence on record to establish the charge against him...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227, 239-- Discharge at the stage of framing of charge - At this stage Court is required to consider whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out - Even strong suspicion founded on material would justify the framing..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227, 239-- Discharge of accused at the stage of framing of charge - Specific allegations against husband and also against his parents - Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charge - Any such determination has to take place at the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 167(2)-- Petitioner arrested - Charge sheet filed within time - Supreme Court ordering CBI to investigate - CBI lodged fresh FIR - CBI not filing charge sheet within 90 days - Prayer for statutory bail - Not tenable because petitioner was arrested on the basis of first FIR and not the second time...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471-- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the police report or reject the same...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227-- Application for discharge - Dismissal - Legality - It is alleged that adulterated and intoxicated drugs in 24 bags were recovered from possession of revisionists and after investigation, charge sheet for offences punishable u/ss 274, 275, 276, 419, 420, 411 IPC and 18/27 of Drugs and Cosmetics Act..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - Factors to be considered - Held, at the stage of framing of charge Court has to see prima-facie evidence - At the time of framing of charge Court can consider only material placed before it by investigating agency - Charge can be framed even on the basis of strong suspicion..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Question as to whether petitioner at the time when offence was committed was in charge of or was responsible to company for conduct of business of company as its chairman or otherwise is matter of evidence to be considered at stage of trial - Held,..........

Showing : 611-620 of 1335 Results