Showing : 1411-1420 of 14044 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 2(wa)-- Victim - There is no distinction between a victim in the case instituted upon a complaint and a victim in a State prosecution...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114-- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave to appeal...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - It is continuation of earlier investigation which culminates in further police report u/s 173(8) - It necessarily means that any further investigation can be made only by investigation agency which was earlier entrusted with investigation by State Government...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and should..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency to another,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173-- Court monitoring investigation - Court monitoring would help in moving machinery of inquiry/investigation at an appropriate pace and its conclusion with utmost expedition without fear or favour - Expression `Court monitored' has sometimes been interchangeably used with `Court supervised..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - When both the sides failed to prove the income of husband by adducing proper evidence, matter requires to be remanded back to Family Court for appreciation of evidence - Case remanded for fresh decision - However, amount of maintenance cannot be disturbed..........

Showing : 1411-1420 of 14044 Results