Showing : 131-140 of 449 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Exercise of power by High Court - Held, though powers of High Court to re-assess evidence and to reach its own conclusions are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weightage and consideration..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, proviso to S.372 Cr.P.C. came into operation w.e.f. December 31, 2009 - Hence, in absence of any legislative intent to contrary, in all cases, in which a judgment and order has been passed by a..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if subject of crime is dead or incapacitated to extent or suffers from such a disability that he/she cannot take steps to exercise his/her right under proviso to S.372, any of his/her..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, if any person prefers an appeal in terms of proviso to S.372, solely on the basis of his status as `guardian' or `legal heir', he/she will have to establish legal basis of his/her such..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, once an appeal preferred in terms of proviso to S.372 against an order is entertained by an appellate Court on merits, to whatever result, no fresh/second appeal by any party/person can/should be..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, proviso put `victim' at higher pedestal than prosecuting agency or complainant in matter of preferring an appeal against any order of a criminal Court acquitting accused or convicting..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Right to file - Held, right of `victim' to prefer an appeal in terms of said proviso to S.372 is an unqualified right and no `leave to appeal' or `special leave' is required to be obtained by him/her for..........
PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), S.377, 378 - Appeal against acquittal - Right to file - Held, no limitation of time has been provided by Legislature for exercise of such right of appeal by `victim' in terms of said proviso - Hence, in the fact and circumstances of each case,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378(3), 397, 401-- Appeal against acquittal - Once an appeal against acquittal stood dismissed by Hon'ble Division Bench, revision against acquittal cannot be entertained...........

Showing : 131-140 of 449 Results