Showing : 561-570 of 2050 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - At the stage of cognizance and summoning of an accused, Magistrate is required to apply his judicial mind only with a view to take cognizance of offence, or to find out whether prima facie case has been made out for summoning accused persons - Magistrate is not required to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Summoning order - High Court set aside summoning order and directed appellant to adduce further evidence, if any, to support allegation in the complaint - Held, High Court fell into error of evaluating merits of defence case and other submissions advanced on behalf of accused, which were not..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 244, 247-- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, 437(7)-- Bail - Fifth bail application - Offence u/ss 376(1), 366, 511, 506 IPC - Sexual assault by Government servant on promise of providing Government job to prosecutrix - Prosecutrix has not supported the prosecution case as she denied the alleged allegation against accused and stated that name of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173-- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible right to be released on bail as per..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Application for summoning petitioner filed after completion of evidence of prosecution side - Contradictory evidence on record regarding role of petitioner - Only one witness cannot be relied to allow application u/s 319 Cr.P.C. - More so, few eye witnesses have..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482-- Domestic violence - Vague and general allegations against petitioners - Petitioners are distantly related to husband of respondent No.2 - No averment in the petition nor any material placed on record to show that petitioners are having or had any domestic relationship with respondent No.2 -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482- - Offence u/ss 409, 420, 467, 468 & 471 IPC - Allegations made in complaint and evidence adduced in support thereof, even if taken to be in their face value and accepted in its entirety do not constitute prima facie any criminal offence or make out a case against accused persons - Prosecution seems..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 357, 357A-- Victim - Compensation - Just compensation to the victim has to be fixed having regard to the medical and other expenses, pain and suffering, loss of earning and other relevant factors - At times, evidence is not available in this regard - Some guess work in such a situation is inevitable -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 357(3)-- Victim - Compensation - Absence of evidence about medical expenses, loss of earning etc. and financial capacity of accused - Compensation fixed as Rs.50,000/- - In case of default in payment of compensation respondents will undergo rigorous imprisonment for three months...........

Showing : 561-570 of 2050 Results