Showing : 3941-3950 of 13339 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Kidnapping & rape - Bail - Age of prosecutrix below 18 years at the time of alleged incident - Alleged offences were prima facie attracted against accused - Interest of State and general public would be adversely affected if accused is released on bail - If the petitioner is released on bail at..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Payable from date of application is only when Court so specifies in the order - When order is silent then maintenance is payable from the date of order - No reasons are required to be recorded when maintenance is ordered to be paid from date of application...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Charge sheet not filed even after expiry of 180 days - Application seeking extension of time for filing final report filed one day earlier to expiry of 180 days but extension granted by order passed after one day of expiry of 180 - Extension of time granted one day after expiry of..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A-- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 196, 460-- Sanction for prosecution - Failure of investigating agency and of CJM to notice the absence of previous sanction falls within the prohibition enshrined in S.196 Cr.P.C. and cannot be brought within the pale of S.460(e) Cr.P.C. which would apply to generality of procedure covered u/s 190(1)(a)(b)..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217-- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside - However,..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468-- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A-- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2) after expiry of 180 days - Indefeasible right..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 258-- Power to stop proceedings - Provision of S.258 Cr.P.C. applies only to those cases which are instituted on police reports but not to cases instituted upon private complaints - Allegations as to falsehood of complainant with regard to timing of offence and other material facts can be considered at..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that..........

Showing : 3941-3950 of 13339 Results