Showing : 181-190 of 13524 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420-- Compounding of offence - Cheating - Merely because offence is compoundable still discretion can be exercised by Court having regard to nature of offence - As offence in question has its own effect on society at large, no infirmity in order rejecting application for compounding - However, having..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34-- Bail - Murder of husband by wife - Allegation of murder is subject to scrutiny of prosecution evidence on record and under trial detention should not be used as conviction before trial - Moreover, only official witnesses are to be examined and accused may not be in a position to influence such..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 34-- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise between complainant and accused when investigation was under progress - Offences in question were no, compoundable as per S.320 IPC - Said fact is not at all considered by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Further investigation - Murder of five persons, robbery and rape of one lady - Investigation of case is not fair - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of photographs of notorious criminals - Benefit of lapse in..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 198, 2(d)-- Bigamy - Aggrieved person - FIR was filed by uncle of applicant and cognizance is taken on police report submitted by I.O - Neither I.O nor uncle of applicant can be termed as aggrieved person in view of S.198 Cr.P.C - They cannot also be treated as complainant, because no statement as required..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Court - FIR was registered at 08.30 p.m. whereafter complainant was sent to hospital for treatment - FIR reached Magistrate at 06.45 a.m. - It cannot be said that there was delay, much less inordinate delay in sending FIR to Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of summoning order - Petition for quashing summoning order on the basis of some technical defect is clear cut abuse of the process of law - Petition dismissed...........

Showing : 181-190 of 13524 Results