Showing : 551-560 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21-- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were compelled to face..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- Delayed FIR - Offence u/ss 498-A, 306 IPC - Where a young lady aged 25 years died by committing suicide leaving behind a ten months old child, mother of deceased may suffer a state of mental confusion when struck by such a tragedy - Issues relating to their safety and custody often require higher..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Murder case - Appellant seeking suspension of her jail sentence convicted for murder of one boy and sentenced to undergo life imprisonment - Having regard to the totality of facts and circumstances of case, appellant be released on bail during..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Leave to appeal - Refusal - No reasons assigned - Order does not set out the facts, submissions, reasons and findings - It is a case of total no, application of mind - Impugned order of High Court set aside - Case remanded to High Court for decision afresh in accordance..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306-- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an irregularity and order..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation from one State to another - Supreme Court will transfer a case from one state to another State only if there is reasonable apprehension on part of party to a case that justice will not be done - Mere apprehension that the accused are influential may not be sufficient to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation to CBI - Exordinary power of constitutional Courts in directing CBI to conduct investigation in a case must be exercised rarely in exceptional circumstances especially when there is lack of confidence in investigating agency or in the national interst and for doing..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation to CBI - Offence u/ss 498-A, 354, 506 Part-I IPC - Case does not entail a direction for transferring investigation from State police/special team of State Police Officers to CBI - Facts and circusmatnces in which offence is alleged to have been committed can be better..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Power of Magistrate - Expression "any offence" shows that no restriction is imposed on Magistrate to take cognizance only of the offence triable by Magistrate Court and not in respect of offence triable by a Court of Session - Even if case is triable by Court of Session,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Power of Magistrate - When complaint is received by Magistrate u/s 190(1)(a) Cr.P.C., Magistrate is empowered to resort to procedure laid down in Ss.200 or 202 Cr.P.C. and then take cognizance - However, if police report is filed which states that no offence is made out,..........

Showing : 551-560 of 3669 Results