Showing : 6241-6250 of 13495 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Period of 60 days or 90 days begins to run from the date of first order of remand not from the date of arrest...........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227-- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to make any progress - Therefore, revision..........
KERALA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 7, 12, 13, 19, Indian Penal Code, 1860, Section 120B, 468, 471, Criminal Procedure Code, 1973, Section 197, 239-- Offence u/ss 7, 12, 13(2) of Prevention of Corruption Act and Ss.120-B, 468, 471 IPC - When a specific plea as to sanction u/s 197 Cr.P.C. is raised in a petition for discharge, Special Judge is duty bound to advert to it and express its opinion over the same while dismissing the petition for..........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197, 239, Prevention of Corruption Act, 1988, Section 13(1)(d)-- Charge - When at the stage of framing charge there is material to indicate that alleged acts were done or purported to be done in discharge of official duty but by abusing the position held by the accused as public servant, the plea of discharge on the basis of protection u/s 197 Cr.P.C. cannot be..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar relate to disputed..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 157(1)-- Copy of FIR not sent to Magistrate - No explanation - Casts shadow on the case of prosecution - Lapse on the part of IO does not confer any benefit on the accused - However, case of prosecution may be seen with certain suspicion when examined with other contemporaneous circumstances involved in..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 363,366,376-- IPC Kidnapping and Rape - Bail - It is urged that entire story is fabricated and prosecutrix was major and had gone of her own volition - Moreover, in her statement u/s 164 CrPC she shows that she was taken to Chattisgarh but in recovery memo, she has been recovered from Jharkhand and there does..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Lodged within one hour of occurrence - All the three accused specifically named - Overt acts of accused mentioned - Motive also disclosed - It is improbable that accused had been enroped falsely as promptness in lodging FIR shows that there was no time for manipulation - Prompt and early..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witnesses recorded after 8 days of occurrence - Delay properly explained as religious rituals were going on as such there was delay in recording statement of witnesses - As plausible and possible explanation is given as such delay not fatal to prosecution case...........

Showing : 6241-6250 of 13495 Results