Showing : 591-600 of 3602 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail and annulment of order of bail - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Certain factors to be considered while granting bail are : (i) nature of accusation and severity of punishment in cases of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with the witnesses for apprehension of threat to complainant; and (iii) Prima..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Grave criminal offence or economic offence - Compromise/settlement - Held, a grave criminal offence or serious economic offence or an offence having potentiality to create a dent in the financial health of the institution is not to be quashed on the ground that there is delay in trial or that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Gender of an accused - An offence under the criminal law is an offence and it does not depend upon gender of an accused - A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Medical negligence - Death of patient during performance of operation - Doctors were performing their public duties, as they were performing surgery on the patient in the Government hospital - Held, prosecution against appellants is not maintainable without sanction from..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Object of provision for recall is to reserve the power with Court to prevent any injustice in the conduct of trial at any stage - Power available with Court to prevent injustice has to be exercised only if Court for valid reasons feels that injustice is caused to a party...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere change of counsel cannot be ground to recall the witnesses...........

Showing : 591-600 of 3602 Results