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Results of criminal procedure code

Showing : 231-240 of 4094 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court dismissed revision without assigning any reason - High Court failed to apply its judicial mind to factual and legal aspects arising in case - Order of High Court set aside - Matter remitted back to High Court...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matrimonial dispute - Mere disclosing names of accused cannot be said to be strong and cogent evidence to make them face trial for offence u/s 319 Cr.P.C, especially when complainant is husband and has initiated criminal proceedings against family of his i, laws and when their names or other..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161 Cr.P.C, names of appellants or any..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 433A -- Remission of sentence - Pre-mature release - Guidelines which was referred to by State Government while rejecting remission application does not appear to apply to the facts of case - Guidelines which were in force at the time of conviction of accused or any guidelines which were placed at the time of consideration of case for..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420 -- Compounding of offence - Cheating - Merely because offence is compoundable still discretion can be exercised by Court having regard to nature of offence - As offence in question has its own effect on society at large, no infirmity in order rejecting application for compounding - However,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by SDJM held, proper...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Further investigation - Murder of five persons, robbery and rape of one lady - Investigation of case is not fair - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of..........

Showing : 231-240 of 4094 Results