Showing : 1521-1530 of 13899 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302-- Framing of charge - Charge u/s 302 IPC - Deceased died on account of burn injuries caused by accused - Cause of death is not strangulation as per post mortem report - This fact alone would not entitle accused to be discharged, as it is probable that he might have pressed the neck of deceased and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 149, 323, 325-- Framing of charge u/ss 307, 149 IPC - Accused allegedly 8 in number, armed with lathis, named in FIR - But small number of injuries received by injured belies said allegation - Moreover, if accused were intending to kill injured, nothing prevented them from aiming the lathis on his head -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 126(2)-- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307-- Charge u/s 307 IPC - Determining factor to frame charge u/s 307 IPC is not the nature of injuries suffered but intent and knowledge of accused persons while indulging in assault...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as petitioners contesting before lower..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Murder - In crimes like murder, mere fact that accused was in custody for more than one year, may not be a relevant consideration for grant of bail...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29-- Framing of charge - Offence u/ss 8, 21, 29 of NDPS Act - Framing of charge by trial Court without referring to evidence available on record against accused is erroneous - Order framing charge totally no, speaking and perfunctory, set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 342, 376, 376(2)(N), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5L, 6-- Kidnapping and rape - Prosecutrix aged 18 to 20 years solemnized marriage with accused - Moreover, prosecutrix went with accused on her own free will - Bail granted to accused...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order..........

Showing : 1521-1530 of 13899 Results