SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, 162-- FIR - Plea that FIR is not the first information - At 2.00 am. three persons came on motorcycle to police station and while staying on motor cycle informed police that some miscreants have opened fire in the village and went away to take care of the injured - Information recorded in Roznamcha -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Charge already framed and explained to accused - 125 PWs are already examined by prosecution and they are cross-examined by accused - There is no question of discharge of accused - Application for discharge rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Need not contain exhaustive account of the incident - FIR is not an encyclopaedia of the case...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 454-- Appeal - Confiscation of property - A-2 acquitted from charges of abetment of crime committed by A-1 - When charges framed against A-2 were not proved and judgment of acquittal in respect of A-2 was not challenged then it is unreasonable to sustain findings of trial Court in respect of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of witness as Court witness - Murder case - Summoning of brother of deceased on the plea that accused is falsely implicated - Accused relies upon recorded conversation between brother of deceased and mother of accused, wherein he is alleged to have threatened mother of accused and asked..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex-parte judgment or decree u/s 9 of Hindu Marriage Act, cannot be relied within the ambit of S.125(5) Cr.P.C. to deny maintenance to wife...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482-- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but whether..........