Showing : 441-450 of 3529 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 193-- Committal of case to Court of Session - Court of Session can take cognizance only after case has been committed to it by Magistrate and is empowered to take cognizance acting as a Court of original jurisdiction...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Order of Magistrate refusing to take cognizance - Order is revisable - Power of revision can be exercised by Superior Court, which can be Session Court itself, either on revision petition that can be filed by aggrieved party or even suo moto by revisional Court itself - Court of Session was thus..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B-- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the charge - Compounding of offence not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Where on appreciation of evidence on record, two views are possible, and trial Court has taken a view of acquittal, appellate Court should not interfere with the same - However, where view taken by trial Court is against weight of evidence on record or perverse, it is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362-- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for taking..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have..........

Showing : 441-450 of 3529 Results