Showing : 51-60 of 725 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19-- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n)-- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves to be..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 227-- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 354, 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 8, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Sexual assault of 6 years old girl child - Accused found guilty of offence of penetrative sexual assault on minor female child of 6 years of age - Even, mental and psychological trauma of such sexual assault troubles minor female child throughout..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in law against applicants - Proceedings quashed...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Conditions - Courts are expected to put reasonable conditions in exercise of judicial discretion and such conditions should be aimed at securing presence of the accused at the time of trial and it should not hamper the evidence or prosecution witnesses during pendency of trial...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........

Showing : 51-60 of 725 Results