Showing : 341-350 of 3701 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502-- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences is a matter that..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 309, 164-- Examination of witnesses - Direction issued viz: (i) Trial Courts must carry out mandate of S.309 Cr.P.C.; (ii) eye witnesses must be examined by prosecution as soon as possible; (iii) statements of eye witnesses should invariably be recorded u/s 164 Cr.P.C. as per procedure prescribed thereunder...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of charge-sheet in part - Not prohibited under law...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156-- Investigation - No external agency can dictate course of investigation in a criminal case - It is within exclusive jurisdiction of police - Court also cannot supervise investigation - However, in exceptional situations Superior Courts may monitor an investigation - But that is not same as..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of supplementary charge-sheet - Charge-sheet filed at dictate of somebody other than police amount to abuse of process of law - Supplementary report filed by police at the direction of National Commission for Scheduled Castes quashed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Supplementary charge sheet - Quashing of - Offence u/s 3(1)(x) of the Act - Supplementary charge sheet filed by police at the instance of National Commission for Scheduled Castes - Ingredients u/s 3(1)(x) of the Act not made out - There was not even a whisper of allegation of harassment based on..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Six FIR's - Against six Co-operative societies - Overlapping allegations - One of the reason for overlapping may be that all were engaged in the same business - This fact by itself is not sufficient to quash five FIR's at the stage of investigation itself when their members are different, their..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Two FIR's - Quashing - It is only when on reading the FIR, a sheer absurdity in the allegations is noticed and when no prima facie cognizable case is made out on its mere reading due to absurdity in the allegations or when facts disclose prima facie cognizable case and also disclose remarkable..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Relevant considerations are : (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Once bail is granted on consideration of relevant materials, High Court would not normally interfere with such discretion, unless same suffers from serious infirmities or perversity - While considering correctness of the order granting bail, approach should be whether order..........

Showing : 341-350 of 3701 Results