Showing : 301-310 of 12254 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 201, 323, 120B, 34-- Third bail application - Attempt to murder - Conspiracy - Prima facie though evidence is on record to show that petitioner hatching conspiracy with other accused to inflict injury to complainant by use of firearms, but there is no inkling from evidence to show that she was directly involved in..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 482-- Quashing of order taking cognizance - Cognizance taken on basis of protest petition by taking into account affidavits filed along with protest petition - Order cannot be sustained and set aside - Matter remitted for decision afresh...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354D, 384, 450, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12-- Quashing of proceedings - Compromise - Rape case - Where prosecutrix and accused married each other and both are residing husband and wife, proceedings can be quashed by invoking power u/s 482 Cr.P.C, even though offences are serious in nature and no, compoundable - Proceedings quashed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401, 482-- Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 452, Protection of Children from Sexual Offences Act, 2012, Section 4-- Bail - Rape case - Prosecutrix has taken u-turn before Court below during trial and not supported prosecution case - Even, all material PWs turned hostile - There is no reason to keep petitioner behind bars for an indefinite period during trial - Guilt of petitioner if any is yet to be proved in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Offence committed by accused while he was juvenile and another offence committed after attaining age of 18 years - Subjecting petitioner to trial before two different Forums i.e. Juvenile Justice Board and Court of Special Judge - No illegality or irregularity subjecting..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Maintenance to wife - Plea of adultery - Issue of adultery or living in adultery not decided by two Courts below - There is thus, no reason for High Court, at this stage, to go into said issue - Since application of maintenance is maintainable, it is open to both the parties to raise such issue or..........

Showing : 301-310 of 12254 Results