Showing : 21-30 of 13227 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of execution of sentence during pendency of appeal - Length of imprisonment has obvious bearing on consideration of prayer for suspension of execution of sentence during pendency of appeal - When there is fundamental error as regards such an over-bearing factor, prayer of appellant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239-- Discharge - While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not - In such proceedings, Court is not to hold mini trial by marshalling the evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 504, 506-- Discharge - Offence u/ss 504, 506 IPC - Allegation that accused with two or three other unknown persons, one of whom was holding a revolver came to complainant's house and abused him in filthy language and attempted to assault him and when some neighbours arrived they fled away - Said allegation..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468-- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 - In the concluding part of book it is concluded that it is difficult to hold that Maharishi Balmiki was a dacoit - This part of publication has..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386(b)(iii), 401-- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence but said course is permissible only after giving notice of enhancement to accused - Order enhancing sentence of accused from 7 years to 10 years under POCSO Act without giving notice is not in accordance..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482-- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Examination of witness - Age of case - Not by itself decisive of matter when prayer is made for examination of material witness...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 284, 285-- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid..........

Showing : 21-30 of 13227 Results