Showing : 511-520 of 2135 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 299-- Recording of evidence in absence of accused - Offence u/ss 341, 323, 34 IPC - Conditions as prescribed u/s 299(1) Cr.P.C. is not attracted in the case to record the deposition of PWs - Examination-in-chief of PWs recorded by Court below in the absence of petitioner cannot be given in evidence..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439(2), 482-- Bail is rule and jail is an exception - Bail ought not to be denied only on the perceived apprehension of tempering with the evidence by accused - Rather there must be some prima facie evidence on record or justifiable grounds to believe that in case the benefit of bail is granted to an accused,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 228-- Omission to frame charge - Order of remand - Trial Court framed charge against accused u/ss 302, 390, 392, 457, 120-B, 34 IPC - No charge framed u/s 397 IPC - High Court remitted the matter to trial Court for framing charge u/s 397 IPC - Deduction of High Court that omission to frame charge u/s..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 162-- Statement to police - S.162 Cr.P.C. bars prosecution from relying on statement of an accused, not evidence relating to accusing conduct before, at the time of occurrence and thereafter, divulged and disseminated by accused when confronted or questioned by police officers...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506-- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who brought victim..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 91, 92-- Application for leading evidence and summoning of witnesses - Written agreement - Oral evidence cannot be adduced for the purpose of varying the contract - Moreso there is no requirement to examine the witnesses as agreement has already been admitted by the complainant - Application rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B-- Setting aside summoning order - Quashing of order - Money spent on engagement - No evidence of giving Rs.1,00,000 to accused - Further no evidence that at the time of making payment to accused there was dishonest intention on the part of accused, which is necessary for offence of cheating -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Wife deserted husband on ground of fraud being played by husband in the matter of marriage regarding concealment of fact that he was dumb (unable to speak) - However, such allegation had been raised after 19 years of marriage and birth of two children - It is not possible to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Merely because an expert has tendered an opinion that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody - More so, mere rejection of expert evidence by itself may not also..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Expert evidence needs to be given a closer scrutiny and requires a different approach while initiating proceedings u/s 340 Cr.P.C., as it is an opinion given by an expert and a professional, particularly when expert himself lodged a..........

Showing : 511-520 of 2135 Results