Showing : 591-600 of 3701 Results

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,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 193-- Committal of case to Court of Session - Sessions Judge entitled to issue summons u/s 193 Cr.P.C. as a Court of original jurisdiction, notwithstanding fact that Magistrate had taken cognizance and only thereafter committed case to Court of Session, as Magistrate plays passive role in committing..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B-- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the charge - Compounding of offence not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Where on appreciation of evidence on record, two views are possible, and trial Court has taken a view of acquittal, appellate Court should not interfere with the same - However, where view taken by trial Court is against weight of evidence on record or perverse, it is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362-- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for taking..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Where public servant has exceeded his duty, if there is reasonable connection it would not deprive him of protection u/s 197 Cr.P.C...........

Showing : 591-600 of 3701 Results