Showing : 411-420 of 3602 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 127-- Maintenance - Recalling of order - Power of Court - Order passed by Court can be recalled, if there is error of law resulting in miscarriage of justice to parties...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 362-- Review - Delay of 358 days in filing review petition - Condonation of delay - No satisfactory explanation for condonation of such huge delay - Though petitions are liable to be dismissed on the ground of delay itself, yet after going into petitions of review, there is no error apparent on the face..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397-- Revision - Object of provision is to set right a patent defect or an error of jurisdiction or law or perversity which has crept in the proceeding...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of a charge, Court is concerned not with the proof of allegation rather it has to focus on material and has to form an opinion whether there is strong suspicion that accused committed an offence, which if put to trial, could prove his guilt - Framing of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202-- Direction for investigation by Magistrate u/s 202 Cr.P.C. - At post-cognizance stage, while dealing with a complaint, is in the nature of an inquiry and not a further investigation u/s 173(8) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- Powers of Appellate Court - Though word "retrial" is used in S.386(b)(i) Cr.P.C, however, power conferred under said clause is to be exercised only in exceptional cases, where appellate Court is satisfied that omission or irregularity has occasioned in failure of justice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386(b)(i)-- De novo trial - Meaning - New trial is ordered by appellate Court in exceptional cases when original trial failed to make determination in a manner dictated by law...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4-- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in miscarriage of justice - High Court being First Appellate Court, is..........

Showing : 411-420 of 3602 Results