Showing : 1041-1050 of 2295 Results

JHARKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 154, 174-- FIR, Inquest report and Postmortem report - Variance therein - Effect of - Held, FIR, inquest report and postmortem report are not the substantive pieces of evidence and variance in those documents without causing prejudice to accused is always not fatal to prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106-- Rape and murder - Duty of accused to explain incriminating circumstance proved against him while making statement u/s 313 CrPC - Keeping silent and not furnishing any explanation for such circumstance is an additional link in the chain of circumstances to sustain charge against him - Recovery of..........
SIKKIM HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 246(6)-- Examination of witness - Provision of sub-s.(6) of S.246 is in addition to supplementing S.244, Cr.P.C. in order to enable prosecution to bring in additional evidence with the object to render complete justice - It is an enabling provision provided by legislature most consciously so that no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Court has wide powers to allow additional evidence at any stage of the trial, which appears to be essential for just decision of the case - However, such wide and discretionary power has to be exercised sparingly and with circumspection...........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already adduced by..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Cruelty and harassment in connection with demand of dowry - Demand for cash raised immediately after marriage - Victim died within 9 months of marriage at matrimonial house - Not a word spoken by accused during examination u/s 313 CrPC disclosing the reason which might have..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Trial - Summary trial - Successor Magistrate decided case on basis of substance of evidence recorded by his predecessor - Legality - Held, he was not in a position to appreciate evidence properly and decide case effectively - S.326(3) CrPC does not permit Magistrate to act..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Acquittal - Validity - Successor Magistrate decided the case in summary trial on the basis of part of the substance of evidence recorded by his predecessor - Held, he was not in a position to appreciate the evidence properly and decide the case effectively - This caused..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though there was an..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Grant of - Petitioner/wife has started living separately due to beatings given to her by respondent and also persistent demand of dowry made by him - Petitioners could not maintain themselves - Respondent has not placed any tangible evidence on record to establish that..........

Showing : 1041-1050 of 2295 Results