Showing : 1051-1060 of 2295 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Power of Appellate Court - General principles - (1) Appellate court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded; (2) CrPC puts no limitation, restriction or condition on exercise of such power and appellate..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Order taking cognizance - Quashing of - Order of cognizance for offence u/ss 306, 120-B IPC - Impugned charge-sheet filed against petitioners without applying mind - Cognizance order passed by Magistrate without judging prima facie evidence available on record - Held, entire proceedings of case..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 169, 319-- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued by issuer it was done..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - It is necessary for Court to arrive at a satisfaction that evidence adduced on behalf of prosecution, if unrebutted, would lead to conviction of the person sought to be added as accused in the case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200-- Summoning order - Issuance of - Exercise of power by Magistrate - Held, at the stage of summoning, all that Magistrate has to see is whether or not there is "sufficient ground for proceeding" against accused - Magistrate is not to weigh evidence so meticulously as he is required to do during..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 91-- Production of document - Court has power to require any person in whose possession any document is believed to be, which is required for trial of the case, to attend and produce such document, but the Section nowhere empowers the Court to compel an accused to produce any evidence against him...........
SIKKIM HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Application to adduce - Evidence/material was in existence but could not be produced during trial - Reasons explained in application not absolutely satisfactory - However, evidence being material or at least relevant for the purpose of present appeal - Held, such additional..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195-- Giving false and fabricated evidence - Enquiry - Factors to be taken into account - Held, court at the stage envisaged in S.340 of the Code is not deciding the guilt or innocence - At that stage court only considers whether it is expedient in interest of justice that an inquiry should be made into..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 376(1), Criminal Procedure Code, 1973, Section 154-- Rape - Delay in lodging FIR - Effect - Held, in sexual offence, it is no doubt true that mere delay in lodging FIR is not necessarily fatal to the case of prosecution - However, the fact that report was lodged belatedly is a relevant fact of which Court must take notice - This fact has to be..........

Showing : 1051-1060 of 2295 Results