Showing : 11-20 of 3844 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Veracity of depositions made by witnesses is a question of trial and need not be determined at the time of framing of charge...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 216-- Alteration/addition of charge - Alteration or addition of charge may be done if in opinion of Court there was an omission in framing of charge or if upon prima facie examination of material brought on record, it leads Court to form a presumptive opinion as to existence of factual ingredients..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 216-- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B-- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by Sessions Court cannot be termed..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - If Court granting bail ignores relevant material indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to question of grant of bail to accused, High Court or Sessions Court would be justified in cancelling bail...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377-- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges - 13 witnesses were examined with 7 days - Examination of accused u/S.313 of Code, even before complete evidence was led by prosecution and not waiting for FSL and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Preliminary inquiry before registration of FIR - Not mandatorily required to be conducted in all corruption cases - Any formal and informal collection of information disclosing a cognizable offence to the satisfaction of the person recoding FIR is sufficient...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19-- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful..........

Showing : 11-20 of 3844 Results