Showing : 351-360 of 457 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Act committed by public servant in the course of service but not in the discharge of his duty and without any justification - Bar u/s 197 of the Code is not attracted...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 300-- Discharge of accused - Second Trial - Permissibility of - Held, in terms of S.300 of the Code of Criminal Procedure, 1973 a person once convicted or acquitted by a Court of competent jurisdiction shall not be liable to be tried again for the same offence, nor on the same facts for any other..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 482-- Alternative remedy - Criminal proceedings - Quashing of - Held, notwithstanding the fact that a magistrate can discharge accused at any stage of trial if he considers charge to be groundless, it does not mean that accused cannot approach High Court u/s 482 of the Code of Criminal Procedure or..........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Offence under Indian Penal Code and Drugs and Cosmetics Act - Offences under Indian Penal Code not required any sanction - Trial to continue - After parties lead their evidence, trial Court to decide whether or not any offences are made out under Drugs..........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Conditions to be satisfied - Held, before invoking S.197 of Cr.P.C. two conditions must be satisfied - (i) The public servant is removable from the Office either by the Union of India or by the State Government and not by any lesser authority; and (ii) He is accused of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 376-- Rape by Police Officer - Sanction for prosecution - Allegations against accused are that he committed rape on prosecutrix as Police Officer when he was conducting investigation in a case in which husband of prosecutrix and her sister were involved regarding death of her sister's husband - Held, no..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-First Proviso (a) - Dishonour of cheque - Complaint by a Govt. company - Examination of complainant on oath - Exemption - For applicability of S.200 1st Proviso (a) complaint should have been filed not only by a public servant who is acting in discharge of his official duties but also his official..........
KERALA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 227, 228, 239, 240, 245, 246-- Charge - In matter of discharge or framing of charge, Court has to decide either termination of proceeding or to presume guilt and proceed further - There is no third category of cases...........
KERALA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 239-- Discharge - Detailed evaluation of materials or scrupulous consideration of defence need not be taken - Court has to satisfy only that allegations/charges are groundless...........

Showing : 351-360 of 457 Results