Showing : 1061-1070 of 12990 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 354, 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 8, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Sexual assault of 6 years old girl child - Accused found guilty of offence of penetrative sexual assault on minor female child of 6 years of age - Even, mental and psychological trauma of such sexual assault troubles minor female child throughout..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506(i)-- Discharge - Offence u/s 506(i) IPC - Merely on ground of discrepancy in timing of incident, accused cannot be discharge, particularly, when there is sufficient material on record to frame charge for offence u/s 506(i) IPC and investigating report prima facie disclose complainant was threatened..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 389-- Recalling of order - Order suspending sentence - Error apparent on face of record of said order - No impediment in recalling said order to correct an apparent error - Order rightly recalled...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - General observations that `looking to the overall facts and circumstances of case, it is not considered proper to grant bail to petitioner' - Can never be reasoning much less judicial reasoning required for rejection of bail petition whether filed u/s 438 or S.439 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Reasons be assigned while considering grant or rejection of bail application...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 407(1)(ii)-- Transfer of case - There is no impediment in transferring a case from Judicial First class Magistrate's Court to Special Court by invoking the power u/s 407(1)(ii) Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - High Court has no jurisdiction to direct Sessions Judge to `allow' the application for grant of bail, as judicial independence of every Court in passing orders in cases is well settled, which cannot be interfered with by Court including superior Court...........

Showing : 1061-1070 of 12990 Results