Showing : 1831-1840 of 13449 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out of consequences of first offence - Registration of second..........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451-- Confiscation of vehicle - There is no provision under the Act, which empowers trial Court to make an order for granting interim custody of conveyance confiscated under the Act pending trial - However, Court can invoke general provision of S.451 Cr.P.C. for handing over interim custody of seized..........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451-- Release of vehicle seized under NDPS Act - Vehicle seized under NDPS Act can be released to interim custody of registered vehicle owner u/s 451 Cr.P.C., even if accused himself is registered owner...........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451-- Release of vehicle seized under NDPS Act - If accused himself is the registered owner, vehicle can be released to accused only after taking appropriate bond and also bank guarantee equivalent to value of vehicle - However, if registered owner claiming vehicle is not the accused, Court would be..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the time of farming charge, Court is not required to screen evidence or to apply standard whether prosecution will be able to prove the case against accused at the trial - If prima facie case is found against accused, he cannot be discharged for the offence...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B-- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and essential for faming charge..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Material witness can be summoned even after hearing final arguments and case is posted for judgment - Court can recall material witness for examination for fair and just decision...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Scope - Court shall summon and examine or recall and re-examine any person if his evidence appears to be essential to the just decision of case - Powers conferred are discretionary but wide in amplitude on the Court to exercise such powers when exigencies of justice demand...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B-- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was entered into with..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34-- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical condition of victim is grave..........

Showing : 1831-1840 of 13449 Results