Showing : 141-150 of 3602 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20-- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or live-i, partner would be entitled to more..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300-- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not apply - Court erred in refusing to take..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Appellate Court can refer to additional evidence only if same has been recorded as per S.391, Cr.P.C - Any material produced before Appellate Court to fill up gaps by either side cannot be considered by Appellate Court, more so, to reverse judgment of trial court...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Prosecution for perjury be sanctioned by Courts only in those cases where perjury appears to be deliberate and it would be expedient in the interest of justice to punish delinquent and not merely because there is some inaccuracy in the statement...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 193, 195, 211, 340-- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 231(2)-- Application u/s 231(2) Cr.P.C - While deciding an application u/s 231(2) Cr.P.C., a balance must be struck between rights of accused and prerogative of prosecution to lead evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439-- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Law presumes in favour of marriage and against concubinage when a man and woman cohabit continuously for a number of years...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Strict proof of marriage not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case evidence of wife, birth..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Strict standard of proof not necessary in proceedings u/s 125 Cr.P.C...........

Showing : 141-150 of 3602 Results