Showing : 1451-1460 of 13295 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265A-- Plea bargaining - When a post conviction challenge is made against plea bargaining process, same can be adjudged only if there is a proper and effective record of proceedings to show that plea of guilt was indeed made by accused voluntarily, knowingly and intelligently and knowing fully about..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265G-- Plea bargaining - Finality of judgment - Provisions contained in S.265-G Cr.P.C. override any other provision of the Code, inconsistent with former, in view of overall scheme in provisions contained in Cr.P.C. more particularly in Chapter XXIA Cr.P.C. and in the light of backdrop of constitutional..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265A, 357(3), Negotiable Instruments Act, 1881, Section 138-- Plea bargaining - Offence u/s 138 of N.I. Act - Sentence to pay compensation along with default sentence without any substantive prison sentence or sentence to pay fine - Unsustainable, as it is illegal...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused on the basis of statement u/s 161 Cr.P.C. - Not permissible without statement on oath before Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4-- Summoning of additional accused - Cruelty - Dowry death - Accused/sister-i, law of deceased though named in complaint but nothing found against her and was not arraigned as accused in charge sheet - There is not even iota of evidence against her and moreover, statement given by complainant..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation or re-investigation - De facto complainant has not been put on notice of final report filed in the case on completion of investigation - He thus, had a right to file a protest petition and seek further investigation - Mere technical error of mentioning re-investigation in..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - In absence of any allegation of fraud having been played on Court below or of any illegality, application for cancellation of bail on subsequent event is not maintainable before High Court - Application dismissed with observation that applicant will be at liberty to move..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468-- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing proceedings set aside -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 467, 468, 472, Rajasthan Agricultural Produce Market Act, 1961, Section 17, 28-- Non payment of market fee u/s 28 of the Act - Continuing offence - Bar of limitation for cognizance - Complaint was filed after expiry of period of limitation - Offence being continuing offence it falls outside the mandate of S.468 Cr.P.C. - Complaint not barred by limitation...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Attempt to rape of 13 years old girl by her real Uncle (Chacha) - Threat extended by relatives of accused - Persons present outside Court were not strangers or bad elements - They were closely related to parties - During Court proceedings no threat extended by brother of..........

Showing : 1451-1460 of 13295 Results