Showing : 311-320 of 12254 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - From FIR and statements of witnesses an offence u/s 304(Part II) IPC having been made out, investigating agency was required to file charge sheet within 60 days - Charged sheet not filed within 60 days - Petitioner having exercised his right to default bail by an oral prayer, he is..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 216, 323-- Addition of charge - Charge u/s 307 IPC - Committal of case to Sessions Court - Complaint reveals that there was an attempt to strangulate victim - No exception therefore, can be taken to order passed by Magistrate adding S.307 IPC - Said offence is triable by Court of Sessions - Case rightly..........
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..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of conviction - Custodial death - Offences committed u/ss 167, 201 of IPC - While considering similar applications like that of suspension of conviction, Court should also keep in mind the plight of the victim (legal heirs of deceased) and the impression the society would have, in the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6-- DNA test - Most reliable test to prove fact of sexual intercourse and it can be basis of conviction of accused...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape - DNA test - Evidence of doctor shows that she has taken blood sample of accused when he was referred to her while discharging her duties - Unless contrary is proved when a Medical Officer discharges her duty, it has to be ruled that she has followed procedure and has taken precaution for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 82, 482, Indian Penal Code, 1860, Section 498A, 406-- Proclaimed offender - Quashing of order declaring accused as proclaimed offender - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - Petitioners do not reside in India - A fact well within knowledge of wife - Any service effected in Yamunanagar would not be a proper..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - General allegations made against petitioners - Petitioners left India within a few weeks after the marriage of wife and her husband - No evidence on record that wife made any complaint against..........

Showing : 311-320 of 12254 Results