Showing : 6071-6080 of 49268 Results

CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), 154(3)-- Application u/s 156(3) - Lodging complaint with a superior police office u/s 154(3) Cr.P.C. is not a condition precedent before approaching Magistrate u/s 156(3) Cr.P.C. - Lodging complaint with S.P. u/s 154(3) Cr.P.C. is an alternate option and not an exclusionary one...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 173(5)-- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B-- Cheating - Misappropriation of company funds - Claiming parity with co-accused against whom proceedings were quashed - Complicity of accused in the crime is substantially graver than that of his sister/co-accused - Accused was a senior officer of complainant company and was entrusted with duty of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First Appellate Court - Neither points framed for determination nor recorded reasons based on evidence led by parties while reversing judgment of trial Court - Judgment of First Appellate Court, thus, contrary to provision of O.41.R.31 CPC and same set aside - Appellate Court directed to formulate..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 181(a), Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B-- Territorial jurisdiction - Cheating - Misappropriation of company funds - Accused was required to account for alleged misappropriated properties at the head office of complainant company in Kolkata - Invocation of powers of Magistrate either u/s 156(3) Cr.P.C. or taking cognizance on police report..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Restoration of petition - Petition dismissed as dispute was stated to be resolved - Petition sought to be restored as disputed was not resolved - Held, Court has implied authority to restore the matter, in appropriate cases...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27-- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released on bail - Bail granted...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154-- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D-- Gang rape - Sole testimony of prosecutrix - No evidence on record that prosecutrix was less than 18 years of age on date of incident - Prosecutrix did not allow her internal examination - She never resisted accused nor refused to sit on bike of accused - She did not raise any alarm nor attempted..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never..........

Showing : 6071-6080 of 49268 Results