Showing : 6431-6440 of 12893 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482-- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 173(3), 173(8)-- Further investigation and re-investigation - Distinction - Re-investigation is forbidden in law and no superior court would ordinarily issue such a direction - However, further investigation is permissible under Section 173(8) Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Prevention of Corruption Act, 1988, Section 2(c), Criminal Procedure Code, 1973, Section 23, Indian Penal Code, 1860, Section 21-- Public servant - Public Prosecutor/Additional Public Prosecutor is a `Public servant' within meaning of S.2(c) of Prevention of Corruption Act. (Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984, Rr.2(x), 33)...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 190(1)(b)-- Cognizance of offence - Power of Magistrate - Magistrate is invested with power to take cognizance upon police report u/s 190(1)(b) - However, S.190(1)(b) of the Code does not bar Magistrate from taking cognizance of offence triable by Sessions Court...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 385, 386-- Appeal - Lawyer absent - Appellate Court is competent to decide the appeal on merits after perusal and scrutiny of record in the absence of a appointed lawyer of accused - However, if accused is in jail and cannot on his own come to Court, it is advisable to adjourn the case and fix another date..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 468-- Cognizance of offence by Magistrate u/ss 341 and 294 of IPC on a complaint - Alleged occurrence took place on 1.9.2002 - Complaint filed on 10.6.2004 - Period of limitation prescribed u/s 468 (2) Cr.P.C. is period of one year from the date of occurrence - Held, time barred cognizance bad in law -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Inherent power of High Court - Exercise of - To be exercised - (i) To give effect to an order under the Code; (ii) To prevent abuse of power of court, and (iii) To secure the ends of justice...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Jurisdiction of High Court - Held, proceedings to be quashed - (i) where there is a legal bar against the institution or continuation of proceedings; (ii) Where allegations in FIR or complaint even accepted on their face value, do not constitute the alleged offence; (iii)..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 179, 180, Indian Penal Code, 1860, Section 465, 471, 120B-- Forged sale deed executed by impersonating and registered at Calcutta - Identifying Advocate found non existent - Land situated in District Varanasi - Mutation got sanctioned in District Varanasi - CJM, Varanasi has jurisdiction to entertain complaint and pass appropriate order as forged sale deed..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Prevention of Corruption Act, 1947, Section 6, Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Prosecution of a public servant - Sanction for prosecution - Competent Authority examined record but did not indicate that he personally scrutinized the file - Authority applied mind - Sanction valid...........

Showing : 6431-6440 of 12893 Results