Showing : 371-380 of 3633 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325-- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of compounding of offences -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324-- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 120B, 34-- FIR - Murder case - Occurrence took place in the dead of night - PW1 being a lady proceeded for police station early in the morning - FIR delayed and may been result of prior deliberations...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 467, 468, 471, 120B-- Bail - Offence u/ss 467, 468, 471, 120-B IPC - Accused discharged u/s 420 IPC at the time of framing of charge - He is in custody for more than 1 year - Bail application of accused rejected by High Court on the basis of FSL report - Though Case is pending for a long time but trial not yet..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221-- Joint trail - Fodder scam - It cannot be said that defalcation is same transaction as transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers - Provisions of S.221 of Cr.P.c not attracted as there are different set..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300-- Double jeopardy - There can be different trials for same offence if tried under two different enactments altogether and comprised of two different offences under different Act/Statues without violation of provisions of Art.20(2) or S.300 of Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Joint trail - Fodder scam - There was conspiracy hatched which was continuing one and has resulted into various offences - It was joined from time to time by different accused persons, so whenever an offence is committed in continuation of conspiracy, it would be punishable..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300-- Joint trial - Modus operandi being same would not make offences, single offence when offences are separate...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182-- Jurisdiction - Place of trial has to be on basis of commission offence where defalcation has been made and not on basis of place of conspiracy...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 219-- Joint trial - When accused is charged with criminal breach of trust or dishonest appropriation of money or other immoveable property, it shall be sufficient to specify gross sum or describe moveable property in respect of which offence is alleged to have been committed, and dates between which..........

Showing : 371-380 of 3633 Results