Showing : 3171-3180 of 3483 Results

SUPREME COURT OF INDIA
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 228-- Charge - Framed u/s 302 and 304 IPC - Death due to accidental electrocution - Two eye witnesses version that accused persons had given electric shock and caused death and then put dead body in river - High Court quashing charges and ordering framing of charge u/s 304-A and S.39 of Indian..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 173, 2(d), Railways Property (Unlawful Possession) Act, 1966, Section 8-- Offence under the Act - Complaint - Held, initiation of inquiry for an offence inquired into under the Act can be only on basis of a complaint by an officer of Force - Merely because inquiry was held by a member of Force having some similar powers as are possessed by an investigating officer would..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 433A-- Prisoner - Pre-mature release - Respondent applied for pre-mature release from jail after completion of jail term of more than 14 years - Release recommended by Advisory Board and Probation Officer - State Govt. not released convict - High Court directed his release - Challenge to - Held, since..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 161-- Seizure memo - Attestation by independent witnesses - No requirement - When recovery is effected pursuant to statement of accused, document prepared by I.O. need not necessarily be attested by independent witnesses - There is no requirement either under S.27 Evidence Act or under S.161 Cr.P.C. to..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 437-- Grant of bail - Validity - High Court granted bail to respondents solely on ground that recovery of fire arms was made only 4 years after murders - Held, bail should not be granted merely on ground of delay in recovery of weapons - However, since case could not be proceeded even now, therefore,..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482-- Conviction - Setting aside - Further investigation - Validity - Conviction of accused u/s 304-A IPC after trial - High Court in exercise of its inherent powers set aside conviction of accused and directed that proceeding be initiated against appellant - Held, power u/s.482 Cr.P.C. cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 323, 343, 355, 365-- Appeal against conviction - Parties have compromised and have resolved all their differences and are now having cordial relations - Held, while maintaining conviction of appellants u/ss 323/343/355 and 365 IPC, substantive sentence reduced to period already undergone by them - Sentence of fine and..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42(1)-- Search, seizure and arrest - By Officer not empowered or authorised by notification - Collection of material, detention or arrest of a person or search of a building or conveyance are per se illegal - Trial itself is vitiated - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482-- Exercise of inherent powers - Illegal search and arrest - Quashing of criminal proceedings - Held, power u/s.482 Cr.P.C. has to be exercised by High Court to prevent abuse of process of any Court or otherwise to secure ends of justice - Where criminal proceedings are initiated based on illicit..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal from prosecution - Exercise of power - Held, satisfaction for moving an application u/s.321 Cr.P.C. has to be of Public Prosecutor which has to be based on material provided by State - Grant of consent by Court is not a matter of course and when such an application is filed by Public..........

Showing : 3171-3180 of 3483 Results