Showing : 261-270 of 3820 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482-- Non payment of amount due and payable under the agreement or not paying the amount in lieu of one month notice before terminating the agreement - By itself cannot be said to be cheating and/or having committed offence u/s 406 and 420 IPC - Dispute at the most can be said to be civil dispute which..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 228A-- Appeal filed by rape victim or victims of sexual abuse - Identity of victim - It is not necessary for victim to disclose his/her identity and appeal shall be dealt with in the manner laid down by law...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Application u/s 482 Cr.P.C - High Court committed error while dismissing application u/s 482 Cr.P.C without referring the facts of case with a view to appreciate factual controversy and without examining grounds on which proceedings is challenged - Impugned order of High Court set aside - Case..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Conviction by High Court - Interference with order of acquittal is not permissible on ground that different view is possible - Hence, if acquittal is justified on probable view taken by trial Court, it should not be interfered with...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(b)-- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 389-- Manufactured drugs - Suspension of sentence during pendency of appeal - Accused were found in bulk possession of manufactured drugs without any valid authorization - S.80 of NDPS Act clearly stated that application of Drugs and Cosmetics Act is not barred and provision of NDPS can be applicable in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing proceedings set aside...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of order - Single judge while deciding application u/s 482 Cr.P.C not referred the facts of case to appreciate the controversy of case - Single Judge ought to have first set out brief facts of case with a view to understand factual matrix and then examine challenge made to proceedings in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148-- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of her shock and then..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - For quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by Magistrate is not called for - Appreciation of evidence is also not permissible in exercise of inherent powers - If allegations set out in complaint do not constitute offence of..........

Showing : 261-270 of 3820 Results