Showing : 2151-2160 of 3701 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay - FIR lodged at a wrong police station - Immediately thereafter it was sent to correct police station - There is no question of delay in lodging FIR...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Andhra Pradesh General Sales Tax Act, 1957, Section 37-- Sanction for prosecution - Sales Tax Department made a raid on the premises belonging to complainants - Complainants lodged a complaint with Magistrate that Sales Tax Officials took away certain documents without giving any receipt - Summoning order issued by Magistrate against Sales Tax Officials..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482-- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482-- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST and respondent was intentionally insulted by appellant with intent to humiliate in a place within public view -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Non mention of name of witnesses or eye witnesses - Does not render the prosecution version fragile - No hard and fast rule that names of witnesses, more particularly, eye witnesses should be indicated in the FIR...........
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
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 482-- Illegal gratification - Delay of 6 years in investigation - Not a ground to quash FIR - Accused whether has been deprived of fair trial on account of protracted investigation has to come on facts - Accused has also to establish that he had no role in the delay...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance by Court on police report vitiated by breach of mandatory provisions relating to investigation - Held, that result of the trial which follows cannot be set aside unless illegality in the investigation can be shown to have brought miscarriage of justice - An illegality committed in the..........
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 -..........

Showing : 2151-2160 of 3701 Results