Showing : 2331-2340 of 11863 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of complainant and order of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 439-- Recovery of 500 gms opium - Bail - Recovery not commercial quantity - Investigation is complete - Petitioner not required for custodial interrogation - Trial would be concluded in due course of time - Contention that if bail is granted, then petitioner would commit the similar offence, is..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 302, 120B, 34-- Dismissal of complaint - Offence u/ss 302, 120-B, 34 IPC - Medical evidence that incident is accidental and death caused due to shock on account of injuries sustained by deceased - Presence of alcohol in the body of deceased also found - There is no eye witness of incident and no circumstantial..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482-- Offence u/s 498-A IPC - Compromise - Quashing of FIR - Non-compoundable offences are basically an obstruction in entering into compromise - However, notwithstanding the fact that offence u/s 498-A IPC is a no, compoundable offence, there should be no impediment in quashing FIR u/s 498-A IPC, if..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Inherent power u/s 482 Cr.P.C. - Is meant to deal with the situation in the absence of express provision of law to secure the ends of justice such as: (a) where the process is abused or misused; (b) where ends of justice cannot be secured; (c) where process of law is used for unjust or unlawful..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Inherent power u/s 482 Cr.P.C. - Not to be exercised to circumvent the express provisions of law...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161(2), Constitution of India, 1950, Article 20(3), 21-- Narco-analysis polygraph test (Lie-detector test) and BEAP (Brain Electrical Activation Profile) test - Without consent of accused and against his will - It is violative of `right against self-incrimination' guaranteed u/arts 20(3), 21 of Constitution and also violative of S.161(2) Cr.P.C. -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216-- Alteration of charge - Court can change or alter charge if there is defect or something is left out - It must be founded on material available on record - However, it is obligatory on the part of Court to see that no prejudice is caused to accused and he is allowed to have fair trial...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216-- Framing of additional charge u/s 406 IPC - Informant filed an application for addition of charge u/s 406 IPC, as there were allegations against husband about criminal breach of trust as far as stridhan is concerned - Magistrate allowed the application against husband and mother-i, law after..........

Showing : 2331-2340 of 11863 Results