Showing : 661-670 of 3701 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay in sending special report to Magistrate - Officer in charge of police station not asked any question about delay in sending special report to Magistrate - No adverse inference can be drawn against prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - It was possible to lead additional evidence at the stage of trial itself - High Court was justified in rejecting the prayer to lead additional evidence at appellate stage...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Refusal of leave to appeal - High Court while refusing leave must indicate the reasons for refusal to grant leave - Refusal of leave to appeal has the effect of foreclosing the right once for all and therefore there is need to record reasons when High Court refuses such..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Husband convicted for committing offence of bigamy but appeal thereagainst pending - Wife is staying separately due to said fact cannot be said that she is staying separately without any justifiable reason - High Court committed error by rejecting maintenance to wife - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156-- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4-- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its appellate jurisdiction properly - Impugned order of High Court..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4-- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s 378(3) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Certain factors to be considered while granting bail are : (i) nature of accusation and severity of punishment in cases of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with the witnesses for apprehension of threat to complainant; and (iii) Prima..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and annulment of order of bail - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Gender of an accused - An offence under the criminal law is an offence and it does not depend upon gender of an accused - A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither..........

Showing : 661-670 of 3701 Results