Showing : 1251-1260 of 3748 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 309, 167(2)-- Transfer of prisoner from one place to another - Held, transfer of prisoner from any such place of detention is permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody - Power exercisable by Court while permitting or refusing transfer is..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4), 3(1)(i), (2), (4), 4, Indian Penal Code, 1860, Section 302, 120B-- Grant of bail - Recording of reasons - Held, recording of satisfaction on both the aspects mentioned in clauses (a) and (b) of S.21(4) is sine qua non for granting bail under MCOCA...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 167(2)-- Application for statutory bail as charge sheet not filed within time - Prosecution seeking extension of time, for continuing the investigation, thereafter - Held, right of accused for grant of statutory bail remains unaffected...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18-- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is entitled to statutory bail...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to mechanically send named accused in FIR to undergo trial...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 386, 482-- Quashment of proceedings - Rejected by High Court - Appeal thereagainst - Held, High Court had not properly examined the case - It appears to be a fit case for remand for fresh consideration - But Court instead of remanding the matter to High Court, disposed of matter itself and held that in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained during pendency, same could have weighed with High Court to consider..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 177, 178-- Territorial jurisdiction - Question of territorial jurisdiction can be decided by the trial Court itself...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising out of matrimonial dispute, there is tendency to involve entire..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320, 482-- Cruelty - Dowry demand - Quashment of proceedings - Bald allegations against appellants - No case made out against them - Held, for purpose of securing ends of justice, quashing of FIR becomes necessary - S.320 CrPC would not be a bar to exercise power of quashing...........

Showing : 1251-1260 of 3748 Results