Showing : 1-10 of 3529 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Examination of witness - Age of case - Not by itself decisive of matter when prayer is made for examination of material witness...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 284, 285-- Examination of witness - Doctor who conducted first post mortem living in Nigeria - Evidence of this witness germane to the questions involved in the matter - For recording his statement trial Court could have unquestionably taken recourse to the provisions of Ss.284, 285 Cr.P.C. so as to avoid..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451, 482-- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 326-- Compensation - Acid attack - 16% burn injury - Victim suffered an uncivilized and heartless crime committed by accused and there is no room for leniency which can be conceived - Accused rightly convicted u/s 326 IPC and sentence of 5 years at least needs no interference - However, it is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power u/s 319 Cr.P.C being a discretionary power and an extraordinary one is to be exercised sparingly and only when cogent evidence is available - Prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Mere disclosing names of accused cannot be said to be strong and cogent evidence to make them face trial for offence u/s 319 Cr.P.C, especially when complainant is husband and has initiated criminal proceedings against family of his i, laws..........

Showing : 1-10 of 3529 Results