Showing : 411-420 of 3844 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34-- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at initial and nascent stage, High Court should exercise its discretion in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR disclosing prima facie commission of various cognizable offences - High Court instead of dismissing application in part should dismiss application as a whole to uphold the entire FIR...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506(i)-- Discharge - Offence u/s 506(i) IPC - Merely on ground of discrepancy in timing of incident, accused cannot be discharge, particularly, when there is sufficient material on record to frame charge for offence u/s 506(i) IPC and investigating report prima facie disclose complainant was threatened..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 102-- Seizure of bank account by I.O - Prior notice to account holder before seizure of his bank account - Not mandatory as per S.102 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 102-- Seizure of bank account by I.O - There is no room to countenance challenge to action of seizure of bank account of any person which may be found under circumstances creating suspicion of commission of any offence...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 406, 420, 120B, Information Technology Act, 2000, Section 72A-- Seizure of bank account by I.O - Offence u/ss 406, 420, 120-B and S.72-A of I.T. Act - Two trusts run by accused were actively involved in collecting huge funds as donation in name of providing legal assistance to Gujarat Riots victims - However, such donations never reached victims - Substantial..........

Showing : 411-420 of 3844 Results