Showing : 451-460 of 14550 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 30 vials of onerex containing 100ml each and 30 strips of carisoma - Non-compliance of mandatory provisions of S.50 of the Act - Considering the case set up by prosecution and custodial period suffered by petitioner, further detention of petitioner is not justified - Bail..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 273, 299, 317-- Recording of evidence in absence of accused - Courts would be justified in recording evidence in absence of accused when circumstance mentioned in Ss.299, 317 Cr.P.C arise...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 273, 299, 317-- Recording of evidence in absence of accused, when there was no dispensation as contemplated u/s 273 Cr.P.C - S.273 Cr.P.C stood violated, as there was an infringement of salutary principle - However, said infringement is curable one - High Court directed de novo trial of witnesses examined in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376-- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual relationship..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201- - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after the gap of more..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Principle of double jeopardy is attracted where a person is either convicted or acquitted previously and that too for the same offence - Dismissal of complaint or discharge is not acquittal for the purpose of S.300 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34-- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application u/s 319..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151-- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by police as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25- - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of injured and stage of trial, further..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - High Court is entitled to re-appreciate the entire evidence independently and come to its own conclusion - However, High Court would not be justified in interfering with order of acquittal solely on the ground on re-appreciation of entire evidence that two views are..........

Showing : 451-460 of 14550 Results