Showing : 3231-3240 of 14725 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3)-- Complaint - For getting the power u/s 156(3) Cr.P.C. a Magistrate invoking the complaint should not be mere complaint as defined u/s 2(d) Cr.P.C., as it requires some additional qualification that such a complaint should be a complaint of facts which constitute the offence...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2)-- Complaint - Offence u/ss 13(1)(c), 13(1)(d), 13(2) of P.C. Act - Forwarding complaint u/s 156(3) Cr.P.C. for investigation - When complaint did not disclose anything to have even a quick verification in the matter, Court below ought not to have forwarded the complaint u/s 156(3) Cr.P.C. for..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If trial Court judgment is based on evidence and view taken by trial Court in favour of accused is possible, High Court will not be justified in interfering only on ground that different view can be taken. (Para 9) Indian Penal Code, 1860, S.304-B - Offence u/s 304- B..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non-payment - Imprisonment - Maximum period for which a person against whom realisation of arrears of maintenance amount is due is taken into custody can be for a period of one month and not beyond that - It can be less than one month if payment is made prior to the completion of one..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Power of Court - If there is no prima facie evidence against a person in charge-sheet, then Court has jurisdiction to pass order to discharge such person...........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 279, 304-- Discharge - Offence u/ss.279, 304(Part I)PC - In the instant case, there is no liability and responsibility of applicant/accused to place any sign board and when there is no involvement of accused in incident of vehicular accident between two motor vehicles, there is no reason to continue..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 155(2)-- Order u/s 155(2) Cr.P.C. can be passed by Magistrate on the motion of complainant himself or at the instance of officer-i, charge of police station - However, Magistrate is to be sure that police officer is not indiscriminately abusing his powers to commence an investigation in a no, cognizable..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 155(2)-- Investigation - Non-cognizable case - Once a police officer takes up investigation of a no, cognizable case, after getting due orders, investigation which he holds becomes an investigation under Chapter XII of Cr.P.C. and he becomes vested with all powers bestowed on him under that Chapter..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers of Court - Court while exercising powers u/s 482 Cr.P.C. should refrain from analyzing the materials which are yet to be adduced and seen in their true perspective - Said power though unrestricted and undefined should not be capriciously or arbitrarily exercised, but should be..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 164-- Statement u/s 164 Cr.P.C - Exhibited u/s 294 Cr.P.C. - No formal proof is necessary - However, since statement u/s 164 Cr.P.C. is not a substantive piece of evidence and can be used only for limited purpose to contradict or corroborate the maker thereof, unless the maker of such statement proves..........

Showing : 3231-3240 of 14725 Results