Showing : 1091-1100 of 3633 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Allegation in complaint - At this stage, it is impermissible to go into the truthfulness or otherwise of the allegation - One has to proceed on a footing that the allegation made is true...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 385, 386, 384-- Conviction - Appeal against - Counsel not present at the time of hearing of appeal - It is not obligatory on the part of the Appellate Court in all circumstances to engage amicus curiae in a criminal appeal to argue on behalf of the accused failing which the judgment would be absolutely..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 385, 386, 384-- Appeal against conviction - Absence of counsel for appellant - (i) that the High Court cannot dismiss an appeal for no, prosecution simpliciter without examining the merits; (ii) Court is not bound to adjourn the matter if both the appellant or his counsel/lawyer are absent; (iii) Court may, as a..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Article 141- - Precedent - Prospective overruling - Doctrine of - Full Bench decision of HC pertaining to shifting of forum of trial of certain cases from Magistrate to Court of Sessions overruled by SC - Effect - Held, trial of cases that were sent back from Sessions Court to Court of Magistrate First Class..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973- - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973- - Trial - Changing forum of trial of certain offences - Retrospective application - On the date amendment came into force no case had been instituted against appellant nor Magistrate had taken cognizance against appellant - Held, any amendment shifting forum of trial had to be on principle..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324-- Compounding of offence - Appellants convicted and sentenced to undergo simple imprisonment for a period of two years alongwith fine u/s.324 IPC - Affidavit filed at time of hearing of appeal that parties to lis have compounded offence - Held, in view of understanding between parties, appellants..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Case relates to hooch tragedy resulting in death of 147 persons and serious physical injuries to 205 other persons after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol - Appellant not only supplier of alcohol but main conspirator in manufacture of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Cancellation of - Accused supplying methyl and ethyl alcohol for manufacture of spurious liquor despite having full knowledge that they are poisonous - Bail granted to him on mere ground that nephew of accused was looking after business - Held, bail liable to be cancelled...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 240-- Framing of charge - Charge cannot be framed on the basis of evidence recorded at the pre summoning stage...........

Showing : 1091-1100 of 3633 Results