Showing : 21-30 of 32 Results

RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 209-- Absence of accused at the time of passing Commitment order - Mere absence of accused at the time of commitment of the case to Court of Sessions does not ipso facto cause any prejudice unless the accused specifically establishes as to how and in what manner prejudice has been caused to him...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 14, Criminal Procedure Code, 1973, Section 193, 209-- Special Judge - Sessions Judge specified as Special Judge - Sessions Judge cannot take cognizance of offence as Court of original jurisdiction - Case has to be committed by a Magistrate...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 209, 202-- Complaint - Offence triable by Court of Sessions - It is mandatory duty of Magistrate to call upon complainant to examine all witnesses in the list - Magistrate, however, cannot compel the complainant to examine all the prosecution witnesses - Case be committed to Sessions Court if prima facie..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 202, 209, Indian Penal Code, 1860, Section 302-- Murder - Complaint case - List of 42 witnesses - Only 12 witnesses examined - Other witnesses given up at the stage of committing - Committing Magistrate can commit the case to Sessions Judge if prima facie charge is made out without examining other witnesses...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 26, 209, 228(1)(a), 323-- Two cases registered on basis of rival versions of same incident - One case triable exclusively by Court of Sessions and other not involving any such offence - Such cross cases to be tried by same Judge and judgment in both cases must be pronounced on same day in order to avoid conflicting..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 26, 209, 228(1)(a), 323-- Two cases registered on basis of rival versions of same incident - One case triable exclusively by Court of Sessions and other not involving any such offence - In such situation, both cases be committed to Court of Sessions for simultaneous trial, as Court of Sessions has jurisdiction to try any..........
KERALA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 209, 323, 407-- Case not exclusively triable by Court of Sessions - Can be committed to Sessions Court when counter case arising out of same occurrence in which the allegation regarding commission of offence exclusively triable by Court of Session is pending in the Court of Sessions for trial...........
ALLAHABAD HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 209-- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made..........
ALLAHABAD HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 209, Indian Penal Code, 1860, Section 302-- Charge u/s 307 IPC - Death of victim after a month - Framing of charge u/s 302 IPC - Contention that death could not be said as a consequence of injuries caused - Held, cause of death can be determined on broad probabilities - Time gap between date of injuries and date of death is not material and..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 190, 209, 319-- Scope - After committing case to Court of Sessions, Magistrate is not empowered to entertain complaint for taking cognizance against additional accused...........

Showing : 21-30 of 32 Results