Showing : 2091-2100 of 3552 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 472-- Juvenile Justice (Care and Protection of Children) Act, 2000 - Continuing offence - Giving calls for payment of ransom is an offence - In case of murder coupled with abduction in a given case may be considered to be a continuous offence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 121, 121A, 122, 123, Arms Act, 1959, Section 25(1)(b), 25(1)(c), 27, 29-- Bail - Appellants alleged to be carrying out terrorist activities for taking revenge of loss of lives and properties of Muslim community - Gravity of offence considered - Prima facie case made out against appellants - If appellants are released on bail it would be difficult to secure their..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 313-- Circumstances about which accused was not asked to explain - Any of the circumstances which the accused was not asked to explain cannot be used against him - Object of examination of accused u/s 313 Cr.P.C. is for the purpose of enabling the accused personally to explain any circumstance appearing..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 313-- Omission to put to accused a question on a vital circumstance against him - If any material is not put to accused while recording his statement u/s 313 Cr.P.C. that material should not be taken into consideration - Where such an omission has occurred it does not ipso facto vitiate the proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 204, 244, 246-- Complaint case - Supplementary list of witnesses - Magistrate has discretion to entertain a supplementary list of witnesses - However Magistrate while accepting the supplementary list shall exercise its discretion judicially for the advancement of cause of justice and not to give a handle to the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 409, 420, 439, 471, 473(a), 120B-- Anticipatory bail - Appellant aged about 75 years suffering from various ailments - All the 49 accused have already been released on bail - Appellant at the relevant time was ex vice chairman of the Bank and he had resigned in the year 1999 due to his deteriorating health - Appellant released on..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 173(2), 173(8)-- Further, fresh and re-investigation - After completion of investigation police has right to further investigation but not fresh investigation or re-investigation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 4, Criminal Procedure Code, 1973, Section 188-- Appellant a citizen of Mauritius - Offence committed at Kuwait - Appellant visited India on visa issued by India - She might have been staying in India with her relatives but she is not citizen of India - In view of provisions of S.4 IPC and S.188 Cr.P.C. order taking cognizance is illegal...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 4, Criminal Procedure Code, 1973, Section 188-- Principle of res judicata in criminal cases - Appellant filed application for quashing on the ground of non compliance with provision of S.188 Cr.P.C. which was withdrawn - Moved another application as cognizance was without jurisdiction - Held, that principle analogous to res judicata have no..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Appeal against conviction - Suspension of sentence - Exceptional cases - Order of suspension of sentence can be passed only in exceptional cases - It has to be a reasoned order and bail should not be granted as a matter of routine...........

Showing : 2091-2100 of 3552 Results