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Results of fair trial

Showing : 91-100 of 169 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Constitution of India, 1950, Article 21, 22(1), Criminal Procedure Code, 1973, Section 304 -- Death sentence without giving assistance of counsel for defence - Fair trial - De novo trial - For an occurrence of 1997, appellant, a Pakistani, was arrested in 1998 and since then he is in judicial custody - Charge against him was framed on 18.02.1999 and it took more than five..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Natural justice -- Additional Sessions Judge rescued from hearing matter for personal reasons - Case transferred - Accused acquitted - Meantime Additional Sessions Judge who earlier rescued from hearing matter appointed Judge of High Court - Revision against acquittal dismissed by him - Fact of earlier rescued of case at trial by him was not brought to his notice in..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Evidence Act, 1872, Section 142 -- Examinatio, i, chief - Leading questions - Held, special public prosecutor should not have been permitted to ask leading questions in examinatio, i, chief - Asking of such leading question is not only against the tenor of S.142 of the Evidence Act, but also violates right to a fair trial when such questions are permitted to be asked in..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque -..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Yardsticks for grant of bail and cancellation of bail are different - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Punjab Land Revenue Rules, 1908, Rule 20 -- Appointment of Lambardar - Petitioner is B.A., LLB and has served as Sarpanch - He was appointed as Lambardar in the year 2000 - The fair conduct of petitioner is reflected from the fact that he submitted his resignation in year 2004 on account of his family compulsions as he had to remain out of village and could not serve..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 311 -- Additional cross examination of witness - Witness not properly cross examined by Amicus Curiae appointed for accused - Private counsel engaged - Questions to be put very relevant and have material bearing on the merits of the case - Held, order declining request will cause material prejudice to the rights of accused to have a..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Complaint - Transfer of case - Petitioner/accused sought transfer of case on ground that respondent/complainant being a practicing Advocate in Ariyalur constantly threatening him and to ensure fair trial and dispensation of real justice case may be transferred..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Object - Held, S.313 Cr.P.C. has been provided to give accused a fair chance to explain his stand with regard to circumstances in evidence which have been collected against him and has come on record during trial - This provision has been cautiously incorporated in the Code so that accused gets a..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........

Showing : 91-100 of 169 Results