DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Court is duty bound to ascertain and reconfirm the relevancy and admissibility of evidence in terms of command of S.136 of Evidence Act - Objections to the relevancy or admissibility, if any, raised by the defence would need to be considered and adjudicated upon at each such..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented by prosecution (or..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Guiding principles - Principles summarized in case Rajaram Prasad Yadav Vs. State of Bihar and Anr., 2013(3) Criminal Court Cases 568 (S.C.) : 2013(2) Apex Court Judgments 604 (S.C.) : 2013(14) SCC 461, reiterated...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Custody - A person is stated to be in custody who is under control of the Court or in the physical hold to an officer of the coercive power is in custody for the purpose of S.439 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Custody - A person to be in custody within meaning of S.439 Cr.P.C, it is not necessary that he is in custody only after arrest by police or he is produced before a Magistrate and gets remand to judicial or other custody - He can be stated to be in judicial custody when he surrenders before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 82, 299-- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Divorced wife - Wife who has been divorced on the ground of desertion can maintain claim for maintenance, but it would be available to her only from the date of decree for dissolution of marriage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Application for bail rejected on the ground that petitioner got interim bail to settle the dispute - But there was no settlement, as complainant did not agree to the settlement - Bail cannot be rejected on technical grounds that settlement not arrived at between parties and it should be..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Post cognizance stage - Court cannot direct I.O to conduct further investigation at the request of accused at post-cognizance stage...........