Showing : 291-300 of 3820 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Law presumes in favour of marriage and against concubinage when a man and woman cohabit continuously for a number of years...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Marriage - Proof - Strict proof of marriage not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case evidence of wife, birth..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 215-- Non-framing of charge u/ss 302, 34 IPC - Objection regarding no, framing of charges not raised at the earliest point of time i.e before Trial Court and High Court - No grievance raised by accused that no, framing of charge caused prejudice to him - Moreover, facts of case shows that accused..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Appeals filed in 2007 and are still pending - Accused in custody since 2005 - One of accused out of same FIR released on bail - Accused released on bail during pendency of appeals before High Court with conditions...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161-- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 344-- Tendering false evidence - Rape case - Prosecutrix turned hostile - Occurrence had taken place 14 long years ago - Prosecutrix was barely 9 years old on the date of occurrence - She may have since been married and settled to a new life, all of which may possibly be jeopardized, if prosecutrix is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313-- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it was a failure..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - It is not an encyclopedia which is expected to contain all minute details of prosecution case - It may be sufficient if broad effects of prosecution case are stated in FIR...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- FIR - Murder of four persons - Firing by accused at deceased child was stated in the FIR - Omission of minute detail that accused jumped on the abdomen of child cannot be regarded as fatal to prosecution case, particularly when sole eye witness is being grief stricken because of death of her four..........

Showing : 291-300 of 3820 Results