Showing : 61-70 of 111 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary - Continuation of proceedings would be empty formality - Court can exercise its power u/s 482 Cr.P.C. -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 429, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Bail - FIR registered in pursuance of order of S.P. on application made by informant regarding incident dated 26.4.2012 - Held, such inordinate delay in lodging FIR entitles the applicant to be enlarged on bail - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained during pendency, same could have weighed with High Court to consider..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising out of matrimonial dispute, there is tendency to involve entire..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Quashment of proceedings - Cruelty - Dowry demand - FIR not disclosing specific allegation against appellants in matter arising out of matrimonial bickerings - Held, it would be clear abuse of legal and judicial process to mechanically send named accused in FIR to undergo trial...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 386, 482-- Quashment of proceedings - Rejected by High Court - Appeal thereagainst - Held, High Court had not properly examined the case - It appears to be a fit case for remand for fresh consideration - But Court instead of remanding the matter to High Court, disposed of matter itself and held that in..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 380, 452, 504, 506, Criminal Procedure Code, 1973, Section 482-..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 452, 504, 506-- Second bail application - Can be filed on fresh ground or in changed circumstances - In present case, no fresh ground shown - Only point for considering second bail is that applicant is in jail since 08.07.2008 - Held, mere long incarceration cannot be ground for granting bail - Application not..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506-- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been filed by..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 323,504,506-- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law..........

Showing : 61-70 of 111 Results