Showing : 111-120 of 464 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3)-- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No explanation given for the same, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860-- Compromise during pendency of appeal filed against conviction - Complainant and injured having no objection in acquittal of accused from charges levelled against them, as they are not interested in pursuing the proceedings initiated against accused - Moreover, nothing is mentioned in the judgment..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity embroiling..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If the evidence recorded in judgment of acquittal shocks the conscience of Appellate Court or shows that norms of legal process have been disregarded or substantial and great injustice had been done, same can be interfered with...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Locus standi of private parties - Maintainability - Presumption of innocence in favour of accused after acquittal was sought to be protected by not only subjecting the appellant remedy to leave to Court but also restricting this remedy to only hands of State and complainant - Standing of..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal - Question of double jeopardy is irrelevant to construction of S.372 Proviso Cr.P.C. - Double jeopardy is protection against second trial after acquittal while S.372 Proviso Cr.P.C. guarantees right to appeal - Appeal proceedings are not equivalent to a retrial...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372, 378(3), (4)-- Appeal against acquittal by victim - Leave to appeal - No such leave is contemplated by S.372 Cr.P.C. - No formal application for grant of leave is required for filing appeal against acquittal by victim...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Power of High Court to admit or dismiss appeal in motion hearing - Is intact and cannot be taken away, as requirement of obtaining leave and power of High Court to dismiss the appeal summarily is not one and the same...........

Showing : 111-120 of 464 Results