Showing : 41-50 of 761 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 112-- DNA test - Requirement of standard of proof - In criminal case, standard of proof is beyond reasonable doubt - Whereas in civil case, it is preponderance of probabilities - Further, in cases like partition and civil disputes, Courts are slow in ordering DNA test, as there is presumption u/s 112 of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 411-- Receiving stolen property - Testimony of only official witnesses were relied upon by prosecution and no independent corroboration was sought by prosecution for proving factum of accused suffering disclosure statements and getting recovered articles - More so, ownership of various articles stolen..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Guiding principles - Principles summarized in case Rajaram Prasad Yadav Vs. State of Bihar and Anr., 2013(3) Criminal Court Cases 568 (S.C.) : 2013(2) Apex Court Judgments 604 (S.C.) : 2013(14) SCC 461, reiterated...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 279, 304A-- Concurrent running of sentences - Rash and negligent driving - Accused convicted in two different cases - Concurrent running of sentences awarded to accused in both the cases cannot be allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251-- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of application for clubbing of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391-- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Granted - Bail bond not accepted as caste of accused was wrongly mentioned in the order - An individual is not to be identified by his caste but by his parentage - In future in the bail applications caste of accused shall not be mentioned - Police also shall not mention caste of an..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 427(2)-- Multiple sentences of life imprisonment - Concurrent running of sentences - There is no bar to declare sentence to suffer imprisonment for life in connection with multiple cases, but Court must be mindful that all subsequent life sentences must run concurrently and not consecutively as mandated..........

Showing : 41-50 of 761 Results