Showing : 1-10 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 102-- Seizure of property during investigation - Power of seizure in S.102 is limited to movable property and does not include the power to attach, seize and seal an immovable property...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179-- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219-- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Employees of public sector corporations are not entitled to protection u/s 197 Cr.P.C as `public servant'...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C with regard to appellant Nos. 3 and 4 treating them to be `public servant' simply does not arise, as they ceased to be government employees after their absorption in Corporation, prior to complaint - As regarding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Withdrawal of bail application filed in High Court - Accused can subsequently file bail application before Sessions Court - There is no law that his subsequent bail application lies only before High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 302-- Permission to aggrieved party to conduct prosecution - Permission not to be granted on mere asking - However, victim has a right to assist Court in a trial - Magistrate may consider as to whether victim is in a position to assist Court and as to whether trial does not involve such complexities..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141-- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw occurred in no,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 53-- DNA test during investigation - Not permissible without carrying out substantial investigation - Moreso when in the investigation conducted no such material is brought on the basis of which it could be opined that conducting DNA test is necessary - Impugned order directing conducting of DNA test..........

Showing : 1-10 of 3669 Results