Showing : 1061-1070 of 2101 Results

DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401-- Dishonour of cheque - Conviction - Revisional jurisdiction - Exercise of - Held, It is settled law that in a revision, this Court has not to act as a court of second appeal and reappreciate the entire evidence - In revision, this Court can interfere only if Court below had exceeded its..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 437, 439-- Grant of bail - Court is not to examine prosecution evidence thread bare and more so defence of accused to come to conclusion whether material is sufficient to prove guilt to accused beyond reasonable doubt - Court formed opinion that material not sufficient to frame charge, and thus granted bail..........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227-- Complainant allegedly suffered lacerated wound on right side of his forehead, suffered dislocation of his shoulders apart from blunt injuries which were grievous in nature - Weapon of offence used cricket wicket which could have caused death - Evidence of past history of enmity between parties -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 245-- FIR lodged with the police - Investigating agency after investigation filed closure report as no incriminating evidence could be gathered against accused for any offence - Closure report accepted without giving notice to the complainant - Held, there is no illegality as complainant was a Govt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 15, Criminal Procedure Code, 1973, Section 482-- FIR lodged for the offences indictable u/s 3, 4 and 5 of Act of 1956 - Charge sheet filed and charges framed - Petition for quashing of FIR filed on the ground that search procedure was not followed as envisaged u/s 15 of the Act - Petition dismissed - Held, whether safeguards u/s 15 of the Act..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313-- Accused cannot be convicted solely on the basis of his statement u/s 313 Cr.P.C. as it is not a substantive piece of evidence - Such statement can be used only for corroboration of prosecution case - Statement of accused recorded u/s 313 Cr.P.C. has to be read as a whole...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243-- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the complainant to fill in..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165-- Recording of evidence - Magistrate is not expected to act like a mere tape recorder to record whatever has been stated by the witness - S.311 of the Code and S.165 of Evidence Act confers vast and wide powers on Court to elicit all necessary materials by playing an active role in the evidence..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 221(1), 221(2), Indian Penal Code, 1860, Section 304B, 306-- Charge u/s 304-B IPC framed - Offence proved to be one u/s 306 IPC and no offence proved to be committed u/s 304-B IPC - Accused can be convicted u/s 306 IPC - Mere omission or defect in framing charge does not disable Court from convicting accused for the offence which is found to be proved on..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304-- Accused assaulted her husband with a spade causing head injury leading to his death - No eye-witness to the alleged occurrence - Medical evidence showed that injury on dead body could have been caused in ordinary course of nature - Statement of accused u/s 313 CrPC that she inflicted one blow on..........

Showing : 1061-1070 of 2101 Results