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KARNATAKA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Court can grant remand even when accused is not produced - Court has to record reasons - Presence of accused can be dispensed with only on special reasons - Officer seeking remand has to file an affidavit stating reasons for not producing accused and also as to the state of health of..........
SIKKIM HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 167, 437-- Police remand and bail application - Bail application pending on the same day when police remand sought - Court should hear remand application as well as bail application at a time in one hearing instead of hearing them separately at different hours of the same day and passing different orders -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Prevention of Terrorism Act, 2002, Section 49(2)(b) Proviso, Criminal Procedure Code, 1973, Section 167(2)(b)-- Offence under IPC - Accused remanded to police custody for 7 days - Remand not extended and accused sent to judicial custody - Offence under POTA added subsequently - Court is competent to remand accused to police custody from judicial custody...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 167, 309, 397(2)-- Order of remand - It is an interlocutory order - Revision against such an order of remand is not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 167, 309-- Remand - Order of remand if found to be illegal, it cannot result in acquittal of accused or in termination of proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 167-- Police remand - High Court held it to be illegal and consequently confession and alleged recovery has no evidentiary value - Admissibility or otherwise of a piece of evidence has to be judged having regard to the provisions of Evidence Act - Effect of confession and also the recovery of the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 167, 209, 309-- Remand - Order is interlocutory - Revision against such an order does not lie...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Confession and recovery of incriminating articles from accused - Order of remand declared non est by High Court - Held, Confession and recovery does not lose evidentiary value - Effect of confession and also recovery of incriminating article at the pointing out of accused has to be..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 401, 397, 398-- Revision - Revisional Jurisdiction - Circumstantial Evidence - Overlooking of evidence by trial Court - Remand - Where evidence has been overlooked revisional court can set aside order of trial court and order re-trial by remanding the case - Does not amounts to re-appreciation of evidence - Order..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 235(2)-- Conviction in appeal - Sentence awarded without opportunity of hearing - Remand - Is an exception, not the rule and ought, therefore, to be avoided as far as possible in the interest of expeditious though fair, disposal of case - If conviction is maintained in appeal, matter need not be remanded..........

No Result Found