Showing : 3261-3270 of 13388 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Gender of an accused - An offence under the criminal law is an offence and it does not depend upon gender of an accused - A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 367, 120B-- Quashing of FIR - Minor girl underwent marriage with appellant against wishes of parents - Minor girl went with appellant voluntarily and there is no element of taking away or enticing a minor within the meaning of lawful guardianship which is an essential constituent for offence of kidnapping and..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 68, 69-- Non-payment of fine - Court has power to arrest convict and sent him to jail to serve out the default sentence if convict fails to deposit the fine before Court within time stipulated by Court - However, it cannot be read and understood to imply that right of convict u/ss 68 & 69 IPC to deposit..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 68, 69-- Non-payment of fine - It is illegal, incorrect and unjust to refuse to permit the convict to deposit the fine amount after the date stipulated by High Court/Sessions Court on the mere reason that no direction for extension has been granted by High Court/Sessions Court...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Medical negligence - Death of patient during performance of operation - Doctors were performing their public duties, as they were performing surgery on the patient in the Government hospital - Held, prosecution against appellants is not maintainable without sanction from..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 133(1), 138-- Public nuisance - Site inspection by Assistant Collector or Magistrate cannot be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C. - Report of Secretary of Grama Panchayat or the Pollution Control Board cannot also be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3)..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Order of Permanent Lok Adalat - Challenge as to - Wife agreed to statement made by husband and accepted maintenance u/s 125 Cr.P.C. - Wife cannot resile from the statement made by her counsel - More so, wife got re-married and therefore even the continuation of marriage is under serious doubts -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced..........

Showing : 3261-3270 of 13388 Results