Showing : 4111-4120 of 14667 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 34-- Bail - Offence u/ss 307, 323, 34 IPC - Investigation complete and challan filed - Injured already stood discharged from hospital - Trial will be concluded in due course of time - Accused is presumed to be innocent till proven guilty by competent Court of law - Court is of the opinion that if..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Investigation report u/s 202(1) Cr.P.C. alone cannot be made a basis for disposal of complaint - Object of said investigation is to enable the Magistrate to scrutinize carefully the allegations made in complaint - Inquiry/investigation u/s 202 Cr.P.C., thus, not a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Issuance of process - Magistrate not bound to set into criminal law in motion simply because petitioner has made the statement and has produced her evidence - Still Magistrate was required to apply his judicial mind to facts of case and material available on record...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - While granting maintenance u/s 125 Cr.P.C., wife would be entitled to lead a life of similar status while staying separately as she would have while continuing in matrimonial home...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and son - Monthly gross salary of husband Rs.61,000 after deductions in the nature of Provident fund, gratuity, medical insurance and company incentives - Said deductions cannot be discarded while assessing the income of husband for the purposes of grant of maintenance to wife..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Words `State Government' does not mean Governor himself but includes his delegates either under a valid law or u/arts 154(1) & 166(3) of Constitution - A Government employee removable by Governor or his delegates will come within the definition of Government servant..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190, 204-- Cognizance of offence - Summoning of accused - Powers of Magistrate - Magistrate can issue summons to persons who deliberately and erroneously omitted from being arraigned as accused, on the basis of material available in case diary/police report and by that date case has not been committed to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Non-obtaining sanction u/s 197 Cr.P.C. and defective obtaining of sanction u/s 19 of P.C. Act are serious legal flaws in prosecution case and each one is sufficient to vitiate the trial...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 473-- Condonation of delay - Delay can be condoned considering circumstances of the case and also on noticing that delay has been properly explained or if Court finds that it is necessary so to do in the interest of justice - S.473 Cr.P.C. gives wide discretion to Court than that is provided by S.5 of..........

Showing : 4111-4120 of 14667 Results