SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 362-- Recall of an order - Power u/s 362 Cr.P.C cannot be exercised by High Court for correction on merits, howsoever, patently erroneous earlier order may be - It can only be corrected in process known to law and not u/s 362 Cr.P.C - Purpose of S.362 Cr.P.C is only to correct clerical or arithmetical..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504-- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to interfere in impugned orders - Remedy..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by private party - Occurrence prior to amendment of S.372 Cr.P.C. - Appeal by private party is not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 207-- Supply of copy of CD and DVD to accused - CD and DVD not part of charge sheet and same have not been submitted by I.O along with charge sheet and have also not been relied upon those CD and DVD in the charge sheet - - Copies of CD and DVD thus, cannot be made available to accused - Application..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472-- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of continuing offence as defined u/s 472 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- -..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - High Court should not quash proceedings only on the basis of evidence of some PWs - Even if some PWs have not supported prosecution case, in that event also continuation of trial cannot be said abuse of process of Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Offence u/s 20 NDPS Act - Recovery of 31 kgs of bhang - As bhang is excluded from operation of NDPS Act, therefore, bhang is not a narcotic and as such prohibition engrafted in S.8 NDPS Act cannot apply to possession or sell or purchase of bhang - Moreover, all witnesses are official..........