Showing : 951-960 of 13583 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of alleged atrocity against accused made out - Bail rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Return of case diary - After submission of charge-sheet/final report before concerned Magistrate or even after cognizance is taken against an accused by concerned Magistrate and after appearance of accused before it, investigating agency can request Magistrate to return..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Return of case diary - Rape case - Two applications filed one on behalf of respondent and other by Deputy Superintendent of Police - However, in said applications there is no mention that any material evidence was detected after filing First Report - There is thus, no..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 133, 107-- Proceedings u/s 133 Cr.P.C - Can be drawn only when there is an unlawful obstruction on the way - It is not necessary that disputed road/land must belong to Government or to public...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 133, 107-- Proceedings u/s 133 Cr.P.C - Maintainability - Land in question private land in Government record - Public had no access to premises in question, as it was constructed by opposite party for their own convenience to go to paddy field - When new road is constructed opposite party closed the road..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated and false, such exclusion will not apply...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B-- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no different than co-accused, in as much as it is extricable with co-accused - More so, in..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24-- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act - In view of S.29(2) of Limitation Act, provisions of Ss.4 to 24 of Limitation..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 5, 14-- Appeal against acquittal - Leave to appeal - Delay in filing leave to appeal - Exclusion of time - Appellant on the advice of his counsel approached Sessions Court instead of approaching High Court under provision of S.378(5) Cr.P.C - Time taken by appellant to bona fide pursue appeals before..........

Showing : 951-960 of 13583 Results