Showing : 521-530 of 3701 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34-- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were put to I.O..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 164-- Statement given by eye-witness in the Court cannot be discarded merely on the ground that statement got recorded u/s 164 Cr.P.C. by prosecution was not immediately recorded...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 340-- False evidence - Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution u/ss 199, 200 IPC - It must be shown that false statement was given intentionally in the judicial proceedings or false evidence was..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 340-- Two pre-conditions for initiating proceedings u/s 340 Cr.P.C. are: (i) materials produced before Court must make out a prima facie case for a complaint for the purpose of inquiry into an offence u/s 195(1)(b)(i) Cr.P.C.; (ii) It is expedient in the interests of justice that an inquiry should be..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 340-- Proceeding u/s 340 Cr.P.C. - Where Court forms an opinion that an offence refereed to S.340 Cr.P.C. has been committed, Court may dispense with the preliminary inquiry - Even after forming an opinion as to offence which appears to have been committed also, it is not mandatory that a complaint..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the complaints, deemed..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of witnesses - Delay in recording statement of witnesses does not necessarily discredit their testimony - Court may rely on such testimony if they are cogent and credible and delay is explained to the satisfaction of the Court...........

Showing : 521-530 of 3701 Results