Showing : 141-150 of 3532 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of about 30 hours in lodging FIR - Informant/step mother of deceased is resident of a remote village and was an illiterate and poor lady - Besides, she had personally seen her son being throttled and being taken away by accused - Informant was threatened with dire consequences by one..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of dowry and they are living in foreign country -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B-- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of accused and such..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of High Court to interfere..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not prejudice the interest of speedy trial in a corruption case - Once stay is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii) exercise of such..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 406-- Transfer of case - Convenience of a party is one of the relevant considerations but cannot override all other considerations such as availability of witnesses exclusively at original place, making it virtually impossible to continue with trial at the place of transfer and progress of which would..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 406-- Transfer of case - Convenience of parties does not mean convenience of petitioner alone who approaches Court on misconceived notions of apprehension - Convenience for purposes of transfer means convenience of prosecution, other accused, witnesses and larger interest of society - Apprehension..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439-- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such a satisfaction, order granting..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Protection u/s 438 Cr.P.C. is available to accused only till Court summons the accused based on charge sheet (report u/s 173(2) Cr.P.C.) - On such appearance accused has to seek regular bail u/s 439 Cr.P.C. and that application has to be considered by Court on its own merits...........

Showing : 141-150 of 3532 Results