Showing : 1571-1580 of 14550 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 172-- Case diary - Every police officer making an investigation shall enter his proceedings in a diary called as case diary - Any criminal Court may send for said `case diary' and may use such diary not as an evidence in the case, but to aid in such trial - Accused cannot call for such diaries and see..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Court once concludes that a case is not maintainable u/s 378 Cr.P.C. it does not have any jurisdiction to make further observation on merits...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - High Court not to pass mandatory orders of commanding subordinate Court to compulsorily grant bail, particularly, when accused was declared a Proclaimed offender, as such orders breach the independence of subordinate Courts...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 160-- Recovery of 75 gms opium - Non-mentioning of names of persons who refused to join as independent witness impels Court to take view that it could be doubted whether actually police asked anyone to be a witness, which was very much required to prove recovery - Recovery held, vitiated - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59-- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD available in record - Accused alleged to be kingpin of criminal conspiracy..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468-- Offence u/ss 498-A, 406 IPC - Limitation - Offence u/ss 498-A, 406 IPC carry a maximum sentence of 3 years - Starting point of limitation for such offences begins from the last act of cruelty alleged to have been committed by husband or his relatives on the wife...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both movable and immoveable - Report of..........

Showing : 1571-1580 of 14550 Results