Showing : 1081-1090 of 2170 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against conviction - High Court without making any reference to any evidence or finding whatsoever changed conviction of respondent from S.376 to S.354 IPC - More so, no reason whatsoever has been given for such a conversion - Punishment has been given as already undergone without..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227, 228-- Taking cognizance and framing charge - While taking cognizance Court is concerned with the existence of a prima facie case - However, while framing charge Court moves a step further - Court is concerned with the existence of a strong prima facie case, or of a grave suspicion, pointing to the fact..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Summoning material witness - Application moved by prosecution u/s 311 CrPC for tendering handwritten documents and proof of signature of deceased - Contention that documents were not part of challan, hence, cannot be produced in evidence - Held, handwritten documents found to be necessary for just..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - Merely because few of the witnesses named him, trial Court should not ipse dixit issue process against petitioner - In fact, it should have sifted the evidence to at least ascertain the identity of the person before putting petitioner in the dock...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court has no restriction to review and relook the entire evidence on which the order of acquittal is founded - On such review, the appellate Court would consider the manner in which the evidence was dealt with by the lower Court - If the lower Court's decision..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - If the trial Court has ignored material and relevant facts or misread such evidence or has ignored scientific documents, then in such a scenario appellate court is competent to reverse the decision of the trial court...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complainant remained absent on three consecutive occasions - No adjournment asked - Complaint dismissed on default - Held, dismissal of complaint u/s 256 of Code on ground of no, appearance of complainant is merely a technical dismissal and not on merits - Natural justice..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Plea taken by accused in his statement u/s 313 Cr.P.C. cannot be the sole basis to reach any definite conclusion - There should be independent evidence and corroborative materials to clinch the point...........

Showing : 1081-1090 of 2170 Results