Showing : 2821-2830 of 3584 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 25-- Matrimonial dispute - Divorce petition filed by husband at Mumbai - Criminal case filed by wife at Etawah, Uttar Pradesh - Both parties seeking transfer of cases - Wife to look after a small child - Transfer petition filed by husband dismissed - Divorce petition filed by husband ordered to be..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 378(3), Limitation Act, 1963, Section 5-- Condonation of delay - Leave to appeal - Delay of 57 days - Sufficient cause - Should be considered with pragmatism in justice-oriented approach rather than the technical detection of sufficient cause for explaining every day's delay - Order of High Court refusing to condone delay by holding that..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - An act done by an officer in course of service but not in discharge of his duty and without any justification therefore, then bar u/s 197 Cr.P.C. is not attracted...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Official duty - Implies that act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty - Provision does not extend its protective cover to every act or omission done by a..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Expression 'no Court shall take cognizance of such offence except with the previous sanction' - Use of words 'no' and 'shall' make it abundantly clear that the bar on the exercise of power by the court to take cognizance of any office is absolute and..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C. is not necessarily to be considered when complaint is lodged - In offences under Prevention of Corruption Act, this question may arise at any stage of the proceeding - Question whether sanction is necessary or not may..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 151-- Arrest of a person to prevent commission of a cognizable offence - Police Officer can arrest a person without an order from Magistrate and without warrant if the officer comes to know of a design of that person to commit any cognizable offence - Arrest should be made only if it appears to such..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 7, 34-- Code of Civil Procedure, 1908 Order 20 Rule 9 - Theft of gold articles - Accused convicted - Stolen property recovered - Dispute as to custody of seized gold articles - Two persons claiming stolen property - Criminal Courts cannot decide the question of entitlement - Civil Court to decide title -..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Granted by High Court with condition to deposit Rs.10 lakhs by lst appellant and Rs.5 lakhs by second appellant - Condition is onerous - Order modified - Appellants to furnish self bond of Rs.50,000 each and one surety for the like sum...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 195, 340-- Forged will tendered in evidence - Court is not bound to make a complaint regarding commission of offence referred in Section 195(1)(b) - Where voluminous evidence may have been adduced and the effect of forged piece of evidence on board concept of administration of Justice may be minimal, Court..........

Showing : 2821-2830 of 3584 Results