Showing : 12561-12570 of 37513 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145, 146-- Attachment - Can only be when there is emergency - Emergency has to be distinguished from a mere case of apprehension of peace - Magistrate before passing an order u/s 146 must explain the circumstances why he thinks it to be a case of emergency - In other words, to infer a situation of emergency,..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Investigation almost complete - Trial may take considerable time - If under-trials are allowed to be detained in judicial custody for an indefinite period, Article 21 of the Constitution of India is violated - Bail granted...........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 437A-- Scope - The very object of the provision is to secure the presence of accused before the higher court in case an appeal is filed challenging his acquittal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 439-- Bribery case - SSP - Bail - Petitioner will not be in a position to tamper with the evidence specifically when he is under suspension - No apprehension of fleeing from the process of law - There can be no tampering with the evidence more so when the substantive evidence happens to be documentary..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10, Order 7-- Stay of suit - Five suits filed together on one day - One suit dismissed on ground of limitation against which appeal still pending - S.10 or O.7.R.11 CPC is not applicable to stay the other four suits as (i) All the five suits related to different portion of lands and different sale deeds; (ii)..........
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. -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 154, 162-- Second FIR - About the same occurrence between the same persons and with similarity of scope of investigation, cannot be registered and by applying the test of similarity, it may then be hit by the proviso to S.162 of the Code...........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 437A-- Failure to execute bond in terms of S.437-A Cr.P.C. - Court cannot remand the accused for non compliance of the direction...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 154-- Second FIR - Mere telephonic information inviting the police to the place of occurrence - Not FIR - Alleged FIR not second FIR...........

Showing : 12561-12570 of 37513 Results