Showing : 1391-1400 of 3844 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 391-- Further evidence by appellate Court - Provision is not limited to recall of a witness for further cross examination with reference to his previous statement but also for taking additional evidence for any reason to arrive at a just decision in the case...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190(c), 200-- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 202, 203-- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 200-- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 313-- Scope of - Incriminating evidence to be used against accused - Prejudice to accused - Held, accused must be apprised of incriminating evidence and materials brought in by prosecution against him to enable him to explain and respond to such evidence and material - Failure in not drawing attention..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304(Part II)-- Charge - Defect therein - Rash and negligent act - Death - Accused alleged to have driven his car in a rash and negligent manner and caused death of 7 persons and injured 8 others - At time of incident, accused found to have consumed alcohol - Charge framed u/s 304(Part II) IPC - Omission of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 464-- Charge - Omission to frame - Effect of defect thereof - Held, a finding or sentence of a Court shall not be set aside merely on the ground that a charge was not framed or that charge was defective unless it has occasioned in prejudice - Because of a mere defect in language or in narration or in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 357-- Compensation to victim of offence - Power of Courts - Held, award of compensation is not ancillary to other sentences - It is in addition thereto - Compensation must be reasonable and not arbitrary - Capacity of accused to pay same must be taken into account...........

Showing : 1391-1400 of 3844 Results