Showing : 1071-1080 of 3820 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 195, 340-- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent should also contain..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had been aware of all..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173- - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Held, even if accused voluntarily at a later stage settles monetary claim that cannot be made a ground to quash criminal proceedings unless well established principles for exercise of power u/s 482 CrPC are made out...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Allegations if accepted in entirety are most likely to make out criminal offence alleged against accused - Held, proceedings cannot be termed as an abuse of process of Court and hence cannot be quashed...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 401-- Revisional power - Exercise of - Held, High Court in revision can set aside an order of acquittal but it cannot convert an order of acquittal into that of an order of conviction - Only course left to High Court in such exceptional cases is to order re-trial...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Delay by itself does not render the prosecution case doubtful - If the delay is reasonably explained no adverse inference can be drawn against the prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 154-- FIR - All information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the General Diary/Station Diary/Daily Diary and the decision to conduct a preliminary inquiry must also be reflected...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Cognizable offence - Information when discloses commission of cognizable offence registration of FIR is mandatory and no preliminary inquiry is permissible in such a situation - Action must be taken against officer who does not register FIR if information received discloses a cognizable..........

Showing : 1071-1080 of 3820 Results