Showing : 1341-1350 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning - Guiding principles are , viz. (i) Court can exercise power u/s 319 Cr.P.C. suo motu or on an application by someone; (ii) It applies to all courts including the Sessions Court; (iii) 'any person not being the accused' in S.319 does not exclude an accused who has..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 386(a), 378-- Appeal against acquittal - Held, statute does not restrict power of appellate Court to reverse judgment of acquittal and convict the accused...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 3-- Police witnesses - Evidentiary value - Criminal trial - Statement of witnesses recorded u/s 164 CrPC turned hostile as they resiled from their statement - Police witnesses examined by prosecution supported case on all fours - Police witnesses had no animus against accused - Held, conviction can be..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Plea of husband that he had a living spouse at the time of second marriage - Onus of proof of earlier subsisting marriage is on the husband - Husband not produced even a single witness to prove his earlier marriage except the so-called first wife as a witness of proof of his earlier..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage with a person who had a subsisting marriage - Second wife whose marriage is void on account of survival of the previous marriage of her husband with a living wife is not a legally wedded wife and she is not entitled to maintenance u/s 125 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Man and woman living together and cohabiting continuously for a long number of years - Law will presume, unless contrary is clearly proved that they were living together in consequence of a valid marriage and not in a state of concubinage...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Revision against order granting maintenance - Efficacy and value of order passed by Magistrate while determining maintenance u/s 125 Cr.P.C. should not be disturbed by Revisional Court...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224-- Accused charged with a grave offence - Can be punished for a less grave offence only when ingredients of lesser offence are satisfied - However, an accused cannot be convicted for a lesser offence if its ingredients are completely different and distinct from the grave offence - In other words, the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224-- Charge - Non faming of charge or some defect in drafting of the charge per se does not vitiate the trial itself...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Discretionary power u/s 311 Cr.P.C. can be invoked only for the ends of justice - Discretionary power u/s 311 Cr.P.C. has to be exercised judicially for reasons stated by the Court and not arbitrarily or capriciously...........

Showing : 1341-1350 of 3669 Results