Showing : 2261-2270 of 14725 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3-- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along with other supporting material post..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 468, 473, 482, Indian Penal Code, 1860, Section 304A-- Delay of 17 days in filing charge sheet - High Court by exercise its power u/s 482, Cr.P.C., condoned the same in the interests of justice in view of the fact that two lives have been lost and it will be a travesty of justice if accused is allowed to go scot-free on the ground of limitation...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 167(5), 468, 482-- Delay of 17 days in filing charge sheet - Plea of bar u/s 167(5) Cr.P.C. taken after cognizance was taken by trial Court - High Court in exercise of its power u/s 482 Cr.P.C. condoned delay as in case delay is condoned accused will not be prejudiced and in fact undue prejudice is to be caused to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 204(4), 397-- Dismissal of complaint u/s 204(4) Cr.P.C. - Amounts to termination of criminal proceedings, which is final order and revisable u/s 397 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - There is no ban on exercise of extra ordinary inherent powers of High Court merely on ground that alternate remedy is contemplated under Cr.P.C. or under special statute - But where specific alternate remedy is conferred, then recourse to remedy u/s 482 Cr.P.C. shall be..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 239-- Revision - Locus standi - Order of discharge - Ordinarily, private party has no locus-standi to file revision, when State has not come forward in revision against an order of discharge, but when such order results in miscarriage of justice, private party or complainant in a case instituted on..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354-- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with direction to rehear the..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 394-- Abatement of appeal - Death of appellant - Application u/s 394 Proviso Cr.P.C. not filed by any of near relatives of appellate within 30 days of death of appellant for leave to continue appeal - Appeal held, abated...........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complaint filed in respect of civil matter already pending - Agreement to sell alleged to be forged after gap of six-seven years and that too without showing any real basis for establishing commission of offence - Intention to give criminality to essentially a civil dispute -..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), 482-- Application u/s 156(3) - Accused not owner of land on day of entering into agreement to sell - Dispute is of criminal nature - Order dismissing application set aside - Matter remitted back to revisional Court to pass fresh order...........

Showing : 2261-2270 of 14725 Results