Showing : 681-690 of 3532 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389(1)-- Suspension of sentence - Held, Court has to record reasons in writing u/s 389(1) Cr.P.C while suspended execution of sentence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, 320-- Inherent powers of High Court - Not inhibited by S.320 of the Code...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed on that ground because offences involved are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C. - It is, therefore, not possible to permit..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, 320-- Non compoundable offences - High Court can quash criminal proceedings in exercise of its power u/s 482 Cr.P.C. having regard to the fact that parties have amicably settled their disputes and victim has no objection, even though the offences are non compoundable - Offences which involve moral..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 326, 307-- Compounding of offence - Offences u/ss 326 & 307 IPC are not compoundable - But since parties have entered into compromise and are neighbours and there is harmonious relationship between two sides and that they are living peacefully, therefore, proceedings are liable to be quashed - Petition..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Grant or refusal - Magistrate should record reasons - Maintenance can be awarded from the date of order or from the date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by..........

Showing : 681-690 of 3532 Results