Showing : 2131-2140 of 3483 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - High Court disposing of appeal without considering all aspects and evidence - Not proper - Impugned judgment set aside - Matter remitted back for consideration in accordance with law...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - High Court dismissed the revision petition without passing a speaking order - Held, that failure to give reasons amount to denial of justice and violation of principles of natural justice - Order of High Court set aside - Case remanded...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - Trial almost came to an end - Accused suffering from serious kidney disorder and was precarious in health - Bail refused as accused politically influential and financially strong and capable of influencing the witnesses and that accused are residents of a place which is near..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - Trial almost came to an end - Accused suffering from serious kidney disorder and in a precarious health - Bail refused - Accused politically influential and financially strong and capable of influencing the witnesses - Accused resident of a place which is on Bangladesh border and..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 420, 424, U P Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482-- Quashing - High Court dismissed the petition for quashing on the basis of ratio of decision passed by that Court - Held, that ratio of that case did not apply to the facts and circumstances of the present case - Order of High Court set aside - Case remanded back to High Court - Appeal allowed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision - Power of High Court - High Court while exercising its revisional jurisdiction u/ss 397 & 401 Cr.P.C., it exercises a limited power - Its jurisdiction to entertain a revision application, although is not barred, but severally restricted, particularly when it arises from a judgment of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Inherent power - Exercise of - Inherent power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - High Court will not be justified in embarking upon an inquiry as to the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439-- Bail - For grant of bail Court to consider (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of accused absconding or..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Murder - Accused in jail for two years and there is no progress in trial - Not sufficient for enlarging accused on bail when gravity of the offence alleged is severe...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302-- Bail - Cancellation - Accused on bail for two years and he did not misuse the liberty - When basic requirements necessary for grant of bail are completely ignored by High Court then Supreme Court is justified in canceling bail...........

Showing : 2131-2140 of 3483 Results