Showing : 561-570 of 2003 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under arrest - Without commenting on merits but..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- Delay in lodging FIR - Murder committed in the night and matter reported next day in the morning - Village was about 4 kms from police station and there is no evidence whether there was any road on which anybody could have traveled at night and therefore lodging the report in the morning cannot..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - A person against whom material is disclosed is only summoned to face trial and in such event u/s 319(4) Cr.P.C. proceeding against such person is to commence from the stage of taking of cognizance - Court need not wait for evidence against accused proposed to be..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - A person not named in FIR or named in FIR but not charge sheeted or who has been discharged can be summoned u/s 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with accused already facing trial - However, an accused who has..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Court rejected application u/s 319 Cr.P.C. on mere conjectures as to whether there exists possibility that accused so summoned in all likelihood would be convicted - Prima facie satisfaction expressed by Court below is just by conducting fishing enquiry which is..........
JHARKHAND HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 301-- Appearance by Public prosecutor - S.301 Cr.P.C grants locus to private person to prosecute any person in any Court under the directions of Public Prosecutor or Assistant Public Prosecutor - However, if he wants to file written argument, the same can be done with the permission of Court after..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or they instigated..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 218-- Separate charges for distinct offences - Offences u/ss 354 & 376 IPC - Offence punishable u/s 354 IPC is quite different from the offence u/s 376 IPC - If the allegations against accused discloses an offence punishable u/s 354 IPC followed by an offence punishable u/s 376 IPC, he must be charged..........

Showing : 561-570 of 2003 Results