Cr P C Archives - Page 44 of 50 - Supreme Court of India Judgements

Appeal against acquittal–Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to inerfere with the judgment of acquittal. Nobody shall be compelled to be a witness against himself –To be a witness” may be equivalent to “furnishing evidence” in the sense of making oral or written statements, but not in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused person for purpose of identification.

Sep 8, 2017 sclaw

2007(5) LAW HERALD (SC) 3830 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal Nos. 1394-1395 of…

Cr P C

Cognizance–Taking of–Power of Magistrate–Explained. Final Report–Protest Petition–Notice to informant–Magistrate has to give notice to the informant and provide an opportunity to be heard at time of consideration of report. Final Report–Notice to informant–The informant is entitled to a notice and an opportunity to be heard at the time of consideration of the report– Position is different so far as an injured person or a relative of the deceased, who is not an informant, is concerned. They are not entitled to any notice.

Sep 8, 2017 sclaw

2007(5) LAW HERALD (SC) 3824 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…

Cr P C Matrimonial

Maintenance–Claim by illegitimate minor–In the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and could only be accepted with other corroborative evidence.

Sep 7, 2017 sclaw

2007(5) LAW HERALD (SC) 3821 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 1139 of…

Cr P C

First Information Report—Police Officers had a duty to register the first information report once the allegations disclosed commission of a cognizable offence–But, in an appropriate case, the Police Officers also have a duty to make a preliminary enquiry so as to find out as to whether allegations made had any substance or not. House Trespass–Right of a co-sharer to enjoy the joint family property is a civil right–Criminal proceedings, cannot be taken recourse to for enforcing such a civil right.

Sep 4, 2017 sclaw

2007(5) LAW HERALD (SC) 3784 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1432…

Cr P C

Suspension of sentence–Study leave–To be entitled to benefit convict has to suffer at least 8 years of custody.

Aug 27, 2017 sclaw

2007(5) LAW HERALD (SC) 3647 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1222 of…

Cr P C

Suspension of sentence and conviction–Possible delay in disposal of the appeal and there are arguable points by itself may not be sufficient to grant suspension of a sentence. Inherent Power–High Court can modify its own interlocutory order when the matter is yet to be finally disposed of.

Aug 26, 2017 sclaw

2007(5) LAW HERALD (SC) 3634 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1251…

Cr P C

Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1296 : 2017 LawHerald.Org 893 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…

Cr P C

CBI directed to form SIT to investigate into the abuse of authority prima facie committed by Shri Ranjit Sinha with a view to scuttle enquires, investigations and prosecutions being carried out by the CBI in coal block allocation cases.

Jul 30, 2017 sclaw

2017(1) Law Herald (SC) 298 : 2017 LawHerald.Org 585 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Kurian Joseph The…

Cr P C

Additional accused–Summoning of–Trial court can add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary. Additional accused–Summoning of–Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it. Additional accused–Summoning of–It will be presumed that newly added person had been an accused person when the Court took cognizance of the offence.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3476 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1305 of 2007…

Cr P C

Retrial—Any omission or even the illegality in the procedure which does not affect the core of the case is not a ground for ordering a de novo trial.

Jul 21, 2017 sclaw

2017(1) Law Herald (SC) 269 : 2017 LawHerald.Org 578 IN THE SUPREME COURT OF INDiA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Criminal Appeal…

Category: Cr P C

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