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Showing : 9631-9640 of 25356 Results

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Prevention of Corruption Act, 1988, Section 13, Criminal Procedure Code, 1973, Section 362 -- Offence u/s 13 of Act - Trial Court deferred taking cognizance under the impression that sanction u/s 19 of Act is required - There was no decision much less conclusive decision taken by Court - It was only in the nature of reminding the duty of I.O to meet certain requirement for..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued but proceedings not initiated - Cheque presented for the second time and again dishonoured - Proceedings initiated on the basis of dishonour of cheque for the second time - Held, complaint is maintainable. (2013(3) Apex Court Judgments 489 (S.C.) : 2013(4) Civil Court Cases 293 (S.C.) :..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 197 -- Court is not to be a sanctioning authority - It has to be decided by competent authority and sanction has to be issued on the basis of sound objective assessment...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 197 -- Question of sanction can be raised at the time of framing of charge and it can be decided prima facie on the basis of accusation - Even it is open to decision afresh in the light of evidence adduced after conclusion of trial or at other appropriate stage...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where public servant has exceeded his duty, if there is reasonable connection it would not deprive him of protection u/s 197 Cr.P.C...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in defence and to submit such other..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........

DELHI HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Statement of one accused cannot be used as incriminating evidence against other co-accused - Purpose of S.313 is to enable an accused to explain incriminating circumstances against him - More so if statement is credibly explained, either accused is entitled to benefit or it can be used against him as a..........

Showing : 9631-9640 of 25356 Results