RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle/article/currency notes u/s 451 Cr.P.C. - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21-- Release of vehicle seized in an offence u/ss 8/21 NDPS Act - Power u/s 451 Cr.P.C. should be exercised expeditiously - Owner of vehicle should not suffer because of it remaining unused and police should not be required to keep the article in safe custody - Vehicle ordered to be released on..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as parties belongs to respectable families - Bail granted with conditions...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 121, 121A, 122, 123, 302, 307, 323, 427, 120B, Explosive Substances Act, 1908, Section 3, 4, 5, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 19, 20, 23, Information Technology Act, 2000, Section 66-- Bail - Five bomb blasts - Out of 610 cited witnesses, till date, over a period of 8 years, only 217 witnesses examined - Accused arrested on the disclosure statement of one co-accused - Delay in conclusion of trial not fatal to prosecution, as in the facts and circumstances of case, where several..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Inherent jurisdiction - Factual aspects of case need not be gone through by High Court in exercise of its inherent jurisdiction...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506-- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of accused u/ss 452, 323, 504,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 376(2)(f), 506-- Appeal against acquittal - Leave to appeal - Rape - Prosecutrix not levelled allegations of rape in her first version before police - Allegations of rape levelled by prosecutrix after period of 8 days from date of occurrence - Civil disputes pending between parties relating to property -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 127, 125-- Maintenance - Enhanced maintenance - Magistrate has discretion to pass necessary orders with regard to the date from which the enhanced/altered allowance shall be payable - S.127 Cr.P.C. has to be read along with S.125 Cr.P.C. and S.125(2) Cr.P.C. empowers Magistrate to pass order of maintenance..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Can be awarded from date of application...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Contraband - Recovery slightly above commercial quantity - Accused already undergone 01 year and 09 days out of total substantive sentence of 10 years - Appeal not likely to be decided in near future - Sentence suspended...........