Showing : 2381-2390 of 13840 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506-- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed substantially much less..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 211, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109-- Framing of charge - Disproportionate assets - Assets on name of relative of public servant - Merely because some of disproportionate assets stand in name of no, public servants, without any element of abetment, they cannot asked to face trial alongwith public servants on ground that they are kith..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 209-- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109-- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to any such conclusion in respect of petitioner - Moreover, I.O...........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 209, 309(2), 167(2)-- Remand - Power of remand conferred on Magistrate u/s 209(a), (b) Cr.P.C. is not subject to other provisions of remand i.e S.167(2), 309(2) Cr.P.C., rather this power is independent in nature and only available to Magistrate under commitment proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- Powers of Appellate Court - Though word "retrial" is used in S.386(b)(i) Cr.P.C, however, power conferred under said clause is to be exercised only in exceptional cases, where appellate Court is satisfied that omission or irregularity has occasioned in failure of justice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- De novo trial - Meaning - New trial is ordered by appellate Court in exceptional cases when original trial failed to make determination in a manner dictated by law...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4-- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in miscarriage of justice - High Court being First Appellate Court, is..........

Showing : 2381-2390 of 13840 Results