Showing : 271-280 of 410 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 307-- Accused armed with deadly weapons attacked public servants while they were discharging their official duties - Not possible at the stage of framing charge to conclude that ingredients of offence u/s 307 IPC are not made out - No interference in order for framing of charge...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 211, Prevention of Food Adulteration Act, 1954, Section 7(ii)-- Adulteration of food - Framing of charge - Error or irregularity therein - Held, an error or omission or irregularity in framing charge is not sufficient for upsetting conviction unless prejudice or failure of justice is shown...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 222, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(5), 3(2)(i)-- Framing of charge - Offence committed in the year 1991 - Charge framed u/s 3(5) of TADA which provision came into force in the year 1993 - Accused cannot be charged for having committed an offence which was not in existence on the day of commission of offence - Accused acquitted...........
DELHI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 211-- Stage of framing charge - Prima facie ingredients - Held, at time of framing of charge what is required is that trial court on a careful consideration of allegations contained in complaint should be satisfied that prima facie ingredients of offence alleged in complaint are made out...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - Factors to be considered - Held, if on basis of materials on record, a court could come to conclusion that commission of offence is probable consequence, a case for framing of charge exists - If court were to think that accused might have committed offence, it can frame charge,..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 19, 13(1)(e), 13(2)-- Public servant - Sanction for prosecution - At the stage of framing charge accused not to be discharged when there is absence, error, omission or irregularity in sanction for prosecution - To claim discharge accused has to show that error or irregularity in sanction has resulted in failure of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 211-- Charge - Non framing of - Mere omission to mention provision of law - At the highest may be considered as an irregularity - No prejudice shown - Conviction and sentence not at all affected...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15-- Recovery of 108 bags of Doda Chura - Recovery from factory in absence of accused - Investigation done by police officer who was not authorised to investigate the matter under NDPS Act - Court not to interfere at initial stage of framing charge on ground that investigation is done by an..........
DELHI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - Held, at the stage of framing of charge hearing submissions of accused has to be confined to material produced by police...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 482-- Charge framed u/s 302 IPC on considering statement of witnesses of PWs 1, 2 & 3 on which trial Court has summoned the applicant in exercise of power u/s 319 Cr.P.C. - Said witnesses made specific allegations of committing the murder against the applicants - No illegality in framing charge -..........

Showing : 271-280 of 410 Results