Showing : 21-30 of 237 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 401, 482-- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 118, Protection of Children from Sexual Offences Act, 2012, Section 6, 10-- Testimony of child witnesses/victims - Sexual assault of two minor girls by their step father - Child witnesses are not competent to depose as per Magistrate - However, barely after 2 months thereafter both the victims when examined gave graphic details of alleged incident before trial Court -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Marriage-- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 205, 317-- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint against `A' & `B' - `A' acquitted but `B' convicted - Acquittal of `A' attained finality as no appeal was filed by complainant - In appeal filed by `B' judgment passed by trial Court set aside and direction issued that after `B' and complainant appear before trial..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32-- Murder - Dying declaration - Appreciation of evidence - Oral testimony of PWs stands corroborated by dying declaration made by deceased - Even, defence has not been able to elucidate anything in cross-examination of aforesaid witnesses to discredit testimony to the extent that deceased has not..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Acquittal of accused - If accused summoned by Trial Court at the stage of S.204 Cr.P.C. and complainant does not appear before Magistrate then, both in summons triable cases and in summarily trial cases, Magistrate has to acquit accused unless for some reasons he..........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Disposal of contraband - Contraband materials can be destroyed or disposed of in an appropriate manner at pre-trial stage itself, as drug can be disposed of under supervision of a Magistrate and if Magistrate follows mandate of S.52-A of the Act, the certificate issued by him is per se admissible..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that too prospectively..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside..........

Showing : 21-30 of 237 Results