Showing : 11-20 of 449 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 454-- Appeal - Confiscation of property - A-2 acquitted from charges of abetment of crime committed by A-1 - When charges framed against A-2 were not proved and judgment of acquittal in respect of A-2 was not challenged then it is unreasonable to sustain findings of trial Court in respect of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention rejected...........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24-- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act - In view of S.29(2) of Limitation Act, provisions of Ss.4 to 24 of Limitation..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 5, 14-- Appeal against acquittal - Leave to appeal - Delay in filing leave to appeal - Exclusion of time - Appellant on the advice of his counsel approached Sessions Court instead of approaching High Court under provision of S.378(5) Cr.P.C - Time taken by appellant to bona fide pursue appeals before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378(3), Protection of Children from Sexual Offences Act, 2012, Ss.4, 42 - Appeal against acquittal - Offence u/s 4 of POCSO Act - Appeal not maintainable in view of S.42 of POCSO Act, as offence u/s 4 of POCSO Act and S.376 and other offences under which accused are convicted are similar..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114-- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave to appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Criminal proceedings against husband - Husband though acquitted after trial in criminal proceedings launched by wife, however, appeal against same is pending and acquittal is yet to reach finality - Moreover, admission on the part of husband that his love..........

Showing : 11-20 of 449 Results