Showing : 161-170 of 14044 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 2(wa)-- Victim - Deceased was unmarried and victim is real brother, thus, would fall under category of legal heirs of deceased, as victim includes him or her guardians or legal heirs...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 372, 378-- Appeal against acquitted - Leave to appeal - There is no need for a victim to apply leave to appeal against order of acquittal while preferring an appeal u/s 372 Proviso Cr.P.C, as he has a right to file appeal against order of acquittal...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - No requirement of application to be supported by an affidavit when case is ordered to be registered as complaint case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61-- Anticipatory bail - Recovery of 1 quintal 60 Kgs poppy husk - Recovery effected from co-accused - Co-accused specifically named petitioner as person who supplied contraband to him - No evidence on record to show that petitioner has no connection with co-accused - Rather, as per record of police..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of serious offences when accused is on bail - It is one of such circumstances, under which Court can direct accused to be arrested and committed to custody despite bail having been granted with regard to offences with which he was charged at the time when bail was considered and granted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20-- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that there was frequent telephonic/mobile conversation between accused and other accused prior and subsequent to alleged incident, which shows..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court..........

Showing : 161-170 of 14044 Results