Showing : 1871-1880 of 13166 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..........
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..........
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'...........
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...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 300-- Double jeopardy - For application of S.300 Cr.P.C., same offence should have been tried earlier and it makes no difference if the facts were same in respect whereof earlier trial was held and subsequent trial was sought to be undertaken in respect of different offence...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........

Showing : 1871-1880 of 13166 Results