Showing : 2151-2160 of 5954 Results

ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Conviction - Non-compliance of provision of S.202 Cr.P.C. - Effect - Magistrate took cognizance on perusal of complaint petition, initial statement and documents filed with complaint petition which were sufficient to make out a prima facie case - Held, no failure of justice..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 149, 302-- Unlawful assembly - Murder - Name of accused/appellant not mentioned in FIR - Except case diary statement of PW1, no other eye-witnesses stated anything against him - All eye-witnesses categorically stated that he had not taken any active participation in commission of murder of two persons and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 138-- Cross examination of co-defendant - Not permissible when there is common plea in written statement - Common plea when result of impersonation or that it was the result of fraud or deception, then Court can allow cross examination of a defendant by co-defendant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Additional written statement - Leave of Court - Application for permission to file additional written statement must state the grounds on which leave is sought - However, it is not necessary to set out the entire pleadings but there should be basis for such additional pleading so that Court..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal trial -- Interested witnesses - Version of interested witnesses cannot be thrown over-board, but has to be examined carefully before accepting the same - When their statements find corroboration by other witnesses, expert evidence and circumstances of the case clearly depict completion of chain of evidence..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 3-- Child witness - Testimony - Conviction - Held, Court can rely upon testimony of a child witness and it can form basis of conviction if same is credible, truthful and is corroborated by other evidence brought on record - Corroboration is not a must to record a conviction but as a rule of prudence -..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Object of - Held, statement u/s.313 Cr.P.C. is recorded to meet requirement of principles of natural justice as it requires that an accused may be given an opportunity to furnish explanation of incriminating material which had come against him in trial - In a case of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused recorded u/s 313 - Use of - Held, such statement cannot be made basis for conviction of accused - His answers to questions put to him u/s 313 cannot be used to fill up gaps left by prosecution witnesses in their depositions - Thus, statement of accused is not substantive piece..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161-- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........

Showing : 2151-2160 of 5954 Results