Criminal Procedure Code, 1973, Section 427 -- Scope - Appellate Court and Revisional Court are empowered to pass order u/s 427 Cr.P.C., as appeal and revision are extension of trial...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonor of two cheques - Conviction - Concurrent running of sentences - Two complaints filed in respect of two loans advanced in the course of a series of transactions on the same terms and conditions - Both the complaints tried together and same sentences awarded in both the..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 379, 414, 34 -- Concurrent running of sentences - Theft case - Accused convicted and sentenced in 12 different matters including present case - Total length of sentences in aggregate would be around 19 years - Maximum sentence in respect of present crime is 2 years R.I - All the sentences shall..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Concurrent running of sentences - Honour killing - Accused convicted and sentenced to undergo fixed term of 25 years u/ss 302, 34 IPC, and 10 years of R.I u/s 364 IPC and also sentenced to undergo R.I for 4 years u/s 201 IPC and to pay fine of Rs.2000 and in default of payment..........
Indian Penal Code, 1860, Section 435, 427, 447, 342 -- Witness in cross examination confronted with statement recorded u/s 161 Cr.P.C. - There are substantial improvements from version recorded by police - Trial Court did not appreciate statement in light of earlier statement recorded by police - Trial Court also overlooked the discrepancy and contradiction available in..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where public servant had abused office which he held in the check period but had ceased to hold that office or was holding a different office, then sanction would not be necessary...........
Indian Penal Code, 1860, Section 427, 448, 453, 504, 506, Criminal Procedure Code, 1973, Section 378(4) -- Offence u/ss 427, 448, 453, 504, 506 IPC - Appeal against acquittal - Leave to appeal - Names of independent witnesses not mentioned in complaint given to police and the names have come for the first time in complaint - No reasons given for the same - Possibility of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
