Showing : 311-320 of 13168 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178-- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted - Since, wife is residing in..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken into..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Quashing on the basis of probable defence that accused may set up would not be in domain of consideration by High Court - It would be apt and appropriate for jurisdictional Magistrate to examine same after prosecution tenders evidence and as such proceedings before trial..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged consensual..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), 35-- Cross-examination - Opportunity given but no cross examination done - Prosecutrix is a child who has deposed against petitioner - There is no justification whatsoever to call back prosecutrix - Case is one under POCSO Act and as per S.33(5) of the Act a child is not to be called repeatedly and as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 82-- Proclaimed offenders - Quashing of order - Petitioners willfully absented and deliberately abandoned Court proceedings - No ground made out to quash order...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial justice between the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Mere delay of few hours in registration of FIR, which was convincingly explained by complainant and PW18, case of prosecution could not be looked with suspicious eyes...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)-- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........

Showing : 311-320 of 13168 Results