Showing : 351-360 of 13319 Results

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...........
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..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376-- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4-- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will detrimentally affect the family life of victim and even balance harmony that could be achieved..........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful - Investigation is already completed - Vehicle in..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 258-- Discharge - Merely because accused had absconded or that despite the initiation of coercive proceedings, his presence cannot be secured is no reason to invoke S.258 Cr.P.C...........

Showing : 351-360 of 13319 Results