Showing : 2031-2040 of 3552 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 227, 228, Indian Penal Code, 1860, Section 498A, 304B-- Charge u/s 304-B but conviction u/s 498-A IPC - Charge not framed u/s 498-A - Held, that accused can be convicted u/s 498-A IPC though no specific charge was framed u/s 498-A IPC - Held, that appellant was not only aware of the charge of cruelty but he got and availed the opportunity to defend..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 464-- Error or omission in framing charge - Held, that any error or omission in the charge including any misjoinder of charges shall not result in invalidating the conviction or order of competent Court unless appellate Court comes to a conclusion that failure of justice has been occasioned thereby -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- FIR lodged u/s 3(1)(x) of SCST Act - Quashing - Charge sheet filed and charge framed - Held, that at this sage Court is to see if a criminal offence prima facie is made out from the allegations made in FIR - Correctness of the allegations made in the FIR has to be seen at the stage of trial when..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 401-- Revision petition - Condonation of delay - Sufficient cause - Held, proof of sufficient cause is a condition precedent for exercise of extraordinary discretion vested in court - What counts is not length of delay but sufficiency of cause and shortness of delay is one of circumstances to be taken..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 401-- Condonation of delay - Expression "sufficient cause" - Construction of - Held, it must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in interest of justice where no gross negligence or deliberate inaction..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378, Constitution of India, 1950, Article 136-- Appeal against acquittal - No interference with finding of fact - However, when finding of fact arrived at are bordering on perversity and result in miscarriage of justice then Appellate Court will not decline to quash such finding to prevent the miscarriage of justice...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Demand of dowry - Complaint filed after two years of demand - Reasons for delay not indicated - Wife implicated all the family members including second wife of husband whereas no specific role has been specifically ascribed to anybody except the husband - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 235-- Murder - Sentence - If for extremely heinous crime of murder perpetrated in a very brutal manner without any provocation, most deterrent punishment is not given, the case of deterrent punishment will lose its relevance...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378-- Acquittal - Appeal against - Power of appellate Court - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........

Showing : 2031-2040 of 3552 Results