Showing : 3151-3160 of 13388 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 133, 137, 138-- Proceedings u/s 133 Cr.P.C. - Once respondent appeared and filed objections denying the existence of pubic right, duty is cast on SDM to conduct enquiry u/s 137 Cr.P.C. and to record finding as towhether denial of public right is bona fide or not - If SDM is satisfied that denial is bona fide and..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 133, 137, 138-- Conditional order u/s 133 Cr.P.C. - SDM without following the procedure u/ss 137, 138 Cr.P.C. passed the order - Court below has not considered the procedural irregularities committed by SDM which goes to root of matter - Even objection raised by petitioner has not been considered - SDM had not..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228-- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject matter of either of discharge or for quashing of..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Distinction between S.300 Cr.P.C. and Art.20(2) of Constitution - Ambit of Art.20(2) of Constitution is narrower than S.300 Cr.P.C., as S.20(2) embodies the principle of autrefois convict, whereas, S.300 Cr.P.C. combines both convict and autrefois acquit - More so, S.300 Cr.P.C..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 300-- Distinct offence - Second trial on the same facts - Permissibility - Once there is clear acquittal not even on benefit of doubt for the alleged offence u/s 395 IPC, accused cannot be made liable for second trial on the same facts though of different offence u/s 400 IPC, as bar u/s 300 Cr.P.C. is..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 437(5), 167(2)- - Cancellation of bail - Bail granted u/s 167(2) Proviso Cr.P.C., can be cancelled by invoking the provisions of S.437(5) Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 91-- Call details - More than two years elapsed whereas call details get deleted after 365 days - It can safely be presumed that by now call details must have been deleted from the database of the service provider - Rejection of application calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Discharge from one of two offences - Court can convict for such offence for which he was discharged...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 215, 218-- Error in charge - Clubbing of charge for three distinct offences under one common head was not proper - However, averments in prosecution case, and import of evidence on which they were founded had clearly spelt out the direct involvement of appellant in waylaying the victim, firing at him and..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 91-- Call details - Summoning of call details at the fag end of trial - It is to be assumed that by not summoning of call details at the time witnesses were deposing, accused is not desirous of discrediting the testimony of witnesses on the strength of call details - It is totally unjust to direct..........

Showing : 3151-3160 of 13388 Results