Showing : 1-10 of 182 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Offence u/s 3(1)(x) of SCST Act - Quashing of FIR - Use of word `Harijan' in speech - Nothing in FIR that persons named therein were present in such meeting - Govt. notification of the year 2012 to ensure the non use of the word `Harijan' is meant for official communication and transaction - By..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 12 kg of poppy husk - Reduction of sentence - Non-commercial quantity - FIR pertains to the year 2002 - Accused is facing litigation since then and has never misused the concession of bail granted to him during trial as well as during pendency of appeal as it is apparent from custody..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of 170 gms intoxicating powder - Non-compliance of mandatory provision of S.50 of the Act - Accused not produced at the time of arrest before Magistrate or Gazetted Officer - Though consent memo shown to have been signed by accused discloses that he does not wish to be searched in front..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, Police Act, 1861, Section 44-- FIR - General Diary - Non-maintenance of General Diary per se may not render whole prosecution illegal - However, such no, maintenance of General Diary may have consequences on merits of case, which is a matter of trial...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27-- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having requisite percentage of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22-- Domestic violence - Complaint - Non-mentioning of FIR u/ss 498-A, 506, 504 IPC filed by wife against husband, in proceedings under PWDV Act, does not amount to concealment of material fact, which would disentitle wife to claim relief under PWDV Act, as reliefs claimed under PWDV Act are entirely..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many reasons, which..........
PATNA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Non-mentioning name of verifying officer in FIR and not making any endorsement on it by officer of CBI - Does not shatter the prosecution case...........

Showing : 1-10 of 182 Results