Showing : 541-550 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of sanction u/s 197 Cr.P.C. can be assailed by accused by taking recourse to judicial review - Likewise, order declining sanction, can similarly be assailed by complainant or the prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197, 319-- Sanction for prosecution - Where cognizance is taken u/s 319 Cr.P.C., sanction either u/s 197 Cr.P.C. or under special enactment is mandatory pre-requisite...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378, 386-- Appeal against acquittal - If view taken by High Court while reversing judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - It is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of S.197(1) Cr.P.C. - An act constituting an offence directly and reasonably connected with his official duty would require..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 409, 467, 468, 471-- Sanction for prosecution - Entrustment and missing of the entrusted items - Accused not entitled to the protective umbrella of S.197 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378, 386-- Appeal against acquittal - If view taken by High Court while reversing the judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 433A-- Remission of sentence - Accused does not have right to seek remission under Cr.P.C. because of S.32A of NDPS Act - Accused can seek for remission or pardon either u/Art.71 or Art.161 of Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Complaint of stealing cheque and filling the amount - Criminal complaint a counter blast to the notice of dishonour of cheque upon which a summoning order has been passed - Proceedings clear abuse of the process of law - Proceedings quashed...........

Showing : 541-550 of 3669 Results