Showing : 8671-8680 of 50005 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 41-- Arrest - Only when necessary - Accused be arrested only if I.O. is satisfied on the basis of information and material collected that arrest is necessary for one or more purposes contained u/s 41(1)(a) to (e) Cr.P.C. - It would not be based upon the ipse dixit of police officer...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Compromise - Non compoundable offence - High Court in exercise of its inherent power can quash criminal proceedings or FIR or complaint - S.320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 498A, 306-- Cruelty - Abetment of suicide - Deceased committed suicide by pouring kerosene oil upon her and putting on fire after 12-13 years of her marriage - Parents of deceased stated that accused used to administer beatings to their daughter after consuming liquor - Medical evidence duly corroborates..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Compromise when matter still under investigation - High Court may accept settlement to quash criminal proceedings - However, where charge is framed but evidence is yet to start, High court can exercise it's powers, but after prima facie assessment of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of summoning order - Earlier FIR was lodged and petitioner was named in the FIR - Police did not file challan against petitioner - Petitioner not summoned u/s 319 Cr.P.C. - Separate complaint cannot be filed against petitioner, particularly when summoning order was passed much after..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for permanent prohibitory injunction - Disobedience of decree by JD - Onus to prove that JD has intentionally and voluntarily disobeyed the decree is upon DH - Having failed to discharge the said onus, JD cannot be held liable for disobeying the decree of trial Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115-- Revision - High Court empowered to interfere with the findings of facts only if findings of facts are perverse - High Court cannot reappreciate the evidence in its revisional jurisdiction...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34-- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on the date on which..........

Showing : 8671-8680 of 50005 Results