Showing : 1541-1550 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378-- High Court in an appeal against acquittal reversed the acquittal as trial court misread the evidence and acquitted the accused - Held, High Court justified in re-appraising the evidence and to interfere if the view taken by the trial court was not possible on evidence and was on the contrary..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 406-- Transfer of case from one State to another - Transfer sought on ground of inconvenience - Held, inconvenience alone is not a sufficient ground for transfer - It must be shown that trial in the chosen forum will result in failure of justice...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 406-- Transfer of case from one State to another - Mere allegation that there is apprehension that justice will not be done, is not a basis for transfer - Held, apprehension must be reasonable...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 10, Rule 2, Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195-- Examination of a party U.O.10.R.2 CPC - False answers given - Court cannot prosecute that party u/s 340 Cr.P.C. read with S.195 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Interference by appellate court on the quantum of sentence should be rare and only in exceptional cases...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 374-- Death of a woman by burning - In the dying declaration she stated that burnt herself as she had quarrel with accused (husband) - Trial court convicted and sentenced accused to four years - High Court enhanced sentence to 6 years - Held, enhancement of sentence not justified - Trial court gave..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Investigation by Police u/s 156(3) Cr.P.C. - Chapter XII of the Code contains provisions relating to information to the police and their powers to investigate whereas Chapter XV, which contains S.202, deals with provisions relating to the steps which a Magistrate has to adopt while and after..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 202, 190-- Criminal complaint - Investigation by Police - Magistrate perusing the complaint and sending it to Police for investigation u/s 156(3) Cr.P.C. - Not illegal - If a bare reading of complaint discloses a cognizable offence, then Magistrate instead of applying his mind to the complaint for deciding..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 21, Criminal Procedure Code, 1973, Section 164-- Extra judicial confession - Concept of extra judicial confession is primary a judicial creation, and must be used with restraint - Such a confession must be used only in limited circumstances, and should also be corroborated by way of abundant caution...........

Showing : 1541-1550 of 3669 Results