Showing : 1-10 of 3175 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of First Appellate Court - First Appellate Court has to set out points for determination, record decision thereon and give its own reasons - Even when First Appellate Court affirms judgment of trial Court, it is required to comply with requirement of O.41.R.31 CPC - Non-observance of this..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 216-- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B-- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by Sessions Court cannot be termed..........
ALLAHABAD HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 401-- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1- - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of investigation was well considered by trial Court and even in criminal appeal - Even plea of alibi..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302-- Murder of new born female child by her own mother - Baby girl was put in incubator with an oxygen mask and child had not opened her eyes and she did not cry after birth - There was possibility of natural death - Though doctor opined in the post mortem report the cause of death asphyxia but in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Cruelty - Inflicting cruelty and torture upon deceased with regard to demand of dowry is proved on record by PW1 and PW2 - No major contradiction found in statements made by these PWs - Link between acts of accused and death of deceased is established from depositions of these PWs -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, 228-- Discharge - While considering application for discharge or at the time of framing of charge, Court is only required to weigh material and evidence on record to find out whether prima facie case is made out against accused, which raises strong suspicion against him to have committed the offence and..........

Showing : 1-10 of 3175 Results