Showing : 201-210 of 14646 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154-- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145-- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Pre Arrest Bail - Economic Offences - Power u/S.438 CrPC being an extra-ordinary remedy, has to be exercised sparingly; more so, in cases of economic offences - Economic offences stand as different class as they affect the economic fabric of society - Grant of bail, particularly in economic..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172(3), Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Case Dairy - Court can peruse case diary/materials collected during investigation by prosecution even before commencement of trial inter-alia in circumstances like: (i) to satisfy its conscience as to whether investigation is proceeding in right direction; (ii) to satisfy itself that investigation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Anticipatory Bail - In a case of money-laundering where it involves many stages of "placement", "layering i.e. funds moved to other institutions to conceal origin" and "interrogation i.e. funds used to acquire various assets", it requires systematic and analysed investigation which would be of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Prohibition of Child Marriage Act, 2006, Section 9, Protection of Children from Sexual Offences Act, 2012, Section 6-- Bail - Child marriage - Prosecutrix stated that she at no point of time kidnapped/abducted by petitioner, rather she of her own violation joined company of petitioner and developed intimate relationship - Marriage inter se between prosecutrix and petitioner took place with consent of their..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PW1 - Quashing of order recalling PW1 - FIR was lodged by PW1, who is not an eye witness against unknown persons and during investigation applicant came into light on the basis of circumstantial evidence - PW1 was examined and re-examined in most hasty manner in compliance of impugned..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 107, 111-- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Role ascribed to appellant in the FIR is that he came to the spot with a country made revolver - No evidence on record that appellant fired upon deceased - High Court summoned the appellant merely on the ground that power u/s 319 Cr.P.C is available even if person..........

Showing : 201-210 of 14646 Results