Showing : 1-10 of 12975 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Accused coming to Court after taking liquor - No ground for cancelling the bail...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - On the ground that accused has come to Court after taking liquor - Court below neither found an overt act on the part of accused nor he caused obstruction in Court proceedings - Merely appearing in drunken state in a Court is neither offering insult nor causing interruption..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 326-- Compensation - Acid attack - 16% burn injury - Victim suffered an uncivilized and heartless crime committed by accused and there is no room for leniency which can be conceived - Accused rightly convicted u/s 326 IPC and sentence of 5 years at least needs no interference - However, it is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Mere disclosing names of accused cannot be said to be strong and cogent evidence to make them face trial for offence u/s 319 Cr.P.C, especially when complainant is husband and has initiated criminal proceedings against family of his i, laws..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420-- Compounding of offence - Cheating - Merely because offence is compoundable still discretion can be exercised by Court having regard to nature of offence - As offence in question has its own effect on society at large, no infirmity in order rejecting application for compounding - However, having..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and minor daughter - Husband is working as Constable in RPF and getting monthly salary between 30,000 to 35000 p.m - It is thus, proper to fix Rs.8000 as monthly maintenance to wife payable by husband - However, maintenance of Rs.2000 to minor daughter which is already fixed by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance..........

Showing : 1-10 of 12975 Results