Showing : 1161-1170 of 14401 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- -..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - High Court should not quash proceedings only on the basis of evidence of some PWs - Even if some PWs have not supported prosecution case, in that event also continuation of trial cannot be said abuse of process of Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Offence u/s 20 NDPS Act - Recovery of 31 kgs of bhang - As bhang is excluded from operation of NDPS Act, therefore, bhang is not a narcotic and as such prohibition engrafted in S.8 NDPS Act cannot apply to possession or sell or purchase of bhang - Moreover, all witnesses are official..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C - Notice kept in envelop permitted to be exhibited by Trial Court while allowing application - Notice was part of envelop and could not be exhibited due to inadvertence - Assigning exhibit to notice at subsequent stage does not amount to filling lacuna but correcting an..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Second FIR - Quashing - Second FIR based on new set of facts and new set of allegations and not based on old set of allegations as made in the first FIR - Prima facie case made out against accused - Impugned order of High Court quashing second FIR set aside and order of trial Court taking..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 65, 3, 4, 45-- Bail - Dismissal of application - On the ground of no, compliance of S.45 PML Act - Being provisions of S.45 PML Act not mandatory in nature, matter remitted to Session Judge for deciding the case on merits...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charges - At the stage of framing of charge, Court is required to evaluate the material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose the existence of all ingredients constituting alleged offence - Court is not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 219-- Consolidation of charge sheets - One FIR - 22 Charge sheets filed - Wherever offences arising out of one FIR within space of 12 months from first to last of such offences have occurred, Court shall consolidate charge sheets filed, however, number of charge sheets consolidated shall be three, where..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Omission to give names of assailants or witnesses in the FIR not all times be fatal to prosecution, if FIR is lodged without delay - Unless there are indications of fabrication, Court cannot reject prosecution case as given in FIR merely because of omission...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Statements of an accused u/s 313 Cr.P.C cannot be used as evidence in holding him guilty of offence but answers given by accused to questions put to him during examination u/s 313 Cr.P.C can well be taken into consideration in deciding whether prosecution evidence can be..........

Showing : 1161-1170 of 14401 Results