Showing : 1-10 of 763 Results

BOMBAY HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8-- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the case of prosecution that accused had promised to marry her - Though victim was..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 256-- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(2)(i)-- Police report - Copy of `C' summary report is required to be given to informant, where he desires to prefer protest petition...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 473-- Limitation - Magistrate after expiry of period of limitation cannot take cognizance especially in absence of explanation u/s 473 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 354, 506-- Limitation - Offence u/ss 354, 506 IPC - FIR registered after 14 years of incident and 11 years after period of expiration of limitation - Neither delay is properly explained nor there are reasons by Magistrate for condoning the same in the interests of justice - Mere fact that allegations against..........
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..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Payee or holder in due course has an additional remedy under civil law in addition to remedy under Criminal law - Both can be invoked simultaneously...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 2(wa), Negotiable Instruments Act, 1881, S.138 - Victim - Complainant u/s 138 of N.I Act, cannot be treated as a victim u/s 372 Proviso Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378(4), Negotiable Instruments Act, 1881, S.138 - Appeal against acquittal - Dishonour of cheque - Appeal against acquittal in prosecution for offence punishable u/s 138 of N.I Act, lies u/s 378(4) Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 46(4), 60A-- Arrest of a woman after sunset - Woman committed murder of her husband - Applicant arrested after taking permission of Magistrate by Lady Police Officer - She is involved in serious offence - It is just and necessary to effect arrest of applicant at the earliest - Procedure as envisaged u/s 46(4)..........

Showing : 1-10 of 763 Results