Showing : 291-300 of 12520 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b)-- Default bail - Application for extension of time for investigation - Detailed reasons given in application for extension of time for investigation - Mere infirmities in the form of an application does not entitle accused to benefit of a default bail when in substance there has been an application..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 330-- Release of lunatic pending investigation - Accused released u/s 330 Cr.P.C only if he is of unsound mind and not fit to understand the Court proceedings, he is incapable of making his defence - However, facts relating to provision of S.330 Cr.P.C is not relevant with S.439 Cr.P.C - Therefore, mere..........
MEGHALAYA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 156(3), 199, Indian Penal Code, 1860, Section 500-- Defamation - Magistrate cannot order registration of case u/s 156(3) Cr.P.C. as bar u/s 199 Cr.P.C. applies...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197, 239-- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Magistrate, at the stage of taking cognizance and summoning is required to apply its judicial mind to find out whether prima facie case has been made out for summoning the accused persons - Magistrate is not required to evaluate merits of material or evidence in support of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190, 482-- Cognizance of offence - Quashing of proceedings - Proceedings can be quashed only in a case where complaint does not disclose any offence or is frivolous, vexatious or oppressive - If allegations set out in complaint does not constitute offence of which cognizance has been taken by Magistrate, it..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456-- Restoration of possession - No separate order directing restoration of possession required, when such order has already been passed while convicting the accused persons...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456(2)-- Restoration of possession - Period of limitation - No period of limitation has been provided for higher Courts to make order for restoration of possession u/s 456(2) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 456-- Restoration of possession - Limitation period of 30 days - Applies only if trial Court has not passed any order in respect of the case property while convicting the accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 216, 386, 464-- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results..........

Showing : 291-300 of 12520 Results