Showing : 921-930 of 1236 Results

KARNATAKA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Water (Prevention and Control of Pollution) Act, 1974, Section 25, 26, 43-- Private complaint - Framing of charge - Procedure for - Held, provisions as contained in S.244 mandates that a Magistrate shall proceed to hear prosecution and take all such evidence as may be produced in support of prosecution - As such, discretion is vested with complainant to produce evidence..........
JHARKHAND HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 146(1)-- Dispute over property - Apprehension of breach of peace - Attachment of property - Validity of - Serious dispute regarding possession and right to possess is going on between parties for property described fully in the impugned order - This order further mentions reasons as why such apprehension..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 468-- Complaint - Offence u/ss 498A & 323 IPC - Limitation - Complaint u/s 498A and 323 r/w S.34 of IPC was filed four years later - Delay in filing complaint has not been properly explained - Offences allegedly occurred from 1990 to 1991 and complaint was filed 5 years later - Court held that..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427-- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In a summons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Power should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - Where investigation is completed, charge sheet had been filed and charges are framed, the High Court should not ordinarily embark upon an enquiry as to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 227-- Framing charge - Hearing the submission of the accused - Means hearing the submission of accused on the record of the case as filed by the prosecution and documents submitted therewith and nothing more - At the stage of framing of charge accused has no right to produce any material...........
GUJARAT HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302-- Murder - Appreciation of evidence - Evidence which is on record of FSL and important evidence of Investigating Officer was hurriedly dispensed with for no reasons at all on record - Fact that accused was also injured in incident is also ignored by Trial Court as well as by APP I, charge - No..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 177, 178, 181, 407-- Transfer of case from one P.S. to another P.S. - High Court transferred the investigation from one police station to another police station - Notice not issued to the informant - Held, that power of Court to interfere with an investigation is limited - Court cannot interfere with investigation at..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 191, 192, 193, 196, 197, 200-- Offence u/ss 191, 192, 193, 196, 197 & 200 IPC - Quashing of proceedings - Running of course without approval of All India Council for Technical Education - Prior approval not required for running new technical courses - No offence made out - No mens rea involved in the whole allegations - For..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 438-- Object - The object of the provision of S.438 IPC is to prevent undue harassment of the accused person by pre-trial arrest or detention - When conditions mentioned in the section are fulfilled, Court shall make an order that in the event of arrest the person shall be released on bail - Gravity of..........

Showing : 921-930 of 1236 Results