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SUPREME COURT OF INDIA

Year of decision: 2023
Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - Validity - Stages of proceedings at which an accused could raise the issue with regard to validity of sanction would be the stage when Court takes cognizance of offence, the stage when the charge is to be framed by Court or at the stage when trial is complete i.e., at the stage of final..........

KERALA HIGH COURT

Year of decision: 2023
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - There is no bar in law to appoint a commissioner for better adjudication of dispute - Hence, a commissioner may be appointed even prior to trial, if required...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 75(e), Order 26, Rule 10A -- Scientific investigation - Scientific survey/investigation proposed to be carried out by Commission is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in the aid of trial Court to arrive at a just decision - Application rightly allowed...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........

KERALA HIGH COURT

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........

KERALA HIGH COURT

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........

MADRAS HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.38.R.5 CPC does not restrict the power of Court to attach properties which are without jurisdiction of Court...........

Showing : 451-460 of 65053 Results