Showing : 621-630 of 3532 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - If Magistrate taking cognizance of a case, upon consideration of materials before him thinks that there is prima facie case for proceeding in respect of offence, he shall issue process against accused - Wide discretion has been given as to grant or refusal of process and it..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 204-- Summoning of accused not named in charge sheet - Trial Court has adequate powers to summon any person even if not named in charge sheet provided there is sufficient material to proceed against him and a prima facie case is made out against such person as well...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Person who is not joined as accused in charge sheet can be summoned at the stage of taking cognizance u/s 190 Cr.P.C. - There is no question of applicability of S.319 Cr.P.C. at this stage...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Judge who once declines the prayer for grant of bail, if available, should hear second bail application or successive bail applications...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/ss 420 & 34 IPC - Earlier bail application was rejected by Additional Session Judge - Second bail application was allowed by another Additional Session Judge - Second Judge cannot entertain bail application especially when earlier Judge was available - However, it is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 357-- Cruelty - Compensation - Deceased had been undergoing treatment for seven weeks, initially in two government hospitals and thereafter for a long period in two private hospitals - Both accused Nos.2 & 3 are directed to pay total compensation of Rs.1,00,000/- to the parents of deceased...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the offences under IPC..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 235-- Judgment on conviction - Mandatory minimum punishment is 7 years u/s 304-B IPC - There is no minimum punishment u/ss 498-A & 201 IPC - Since the sentence u/s 498-A IPC is 2 years R.I and 1 years R.I u/s 201 IPC are to run concurrently - No prejudice whatsoever is caused to accused persons - It is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Cannot be granted as a matter of rule - Power to grant anticipatory bail should be exercised in very exceptional cases when Court is satisfied that person to be enlarged on anticipatory bail would not misuse his liberty - Prerequisite conditions enlisted for grant of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302-- Anticipatory bail - Double murder - Election dispute - Session judge rejected anticipatory bail filed by accused - However, High Court without appreciating nature of offence and gravity of accusations against accused persons, enlarged them on anticipatory bail - High Court ought not to have..........

Showing : 621-630 of 3532 Results