Showing : 741-750 of 2044 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C. - Not to be allowed to fill up a lacuna in the case of the prosecution, or of the defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party - Additional evidence must..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Court is empowered to summon a material witness, or to examine a person present at "any stage" of "any enquiry", or "trial", or "any other proceedings" under the Cr.P.C., or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Object of - Held, statement u/s.313 Cr.P.C. is recorded to meet requirement of principles of natural justice as it requires that an accused may be given an opportunity to furnish explanation of incriminating material which had come against him in trial - In a case of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused recorded u/s 313 - Use of - Held, such statement cannot be made basis for conviction of accused - His answers to questions put to him u/s 313 cannot be used to fill up gaps left by prosecution witnesses in their depositions - Thus, statement of accused is not substantive piece..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 467, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Petitioners-accused had intention to cheat & misappropriate amount of complainant from very beginning - They have received huge amount of Rs.81,63,000/- in lieu of earnest money but did not execute sale deed of entire land in order to cheat and misappropriate amount of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Exercise of inherent powers - Held, High Court should not ordinarily embark upon an inquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained, are functions of trial Judge to do so - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190-- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307-- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained, naturally an offence against the body has..........

Showing : 741-750 of 2044 Results