Search Results for "Section 205 CrPC"

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Search Results for "Section 205 CrPC"

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Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC set aside as prosecution failed to establish complete chain of circumstances and motive, with key witnesses turning hostile and burden under Section 106 Evidence Act not triggered.

2 Jan 2023

The appeal arose from the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 for the murder of his two young sons. ...

Supreme Court

Supreme Court Restores Acquittal in Police Murder Case: High Court's Reversal Set Aside Due to Lack of Proper Scrutiny of Evidence. The court held that the dying declaration was unreliable and the chance witnesses' testimony was contradictory, failing to prove guilt beyond reasonable doubt.

13 Dec 2021

The case involves two accused, Mohan @ Srinivas @ Seena @ Tailor Seena and another, who were acquitted by the Sessions Court for the murder of a polic...

Supreme Court

Supreme Court Quashes Conviction in Customs Act Case Due to Procedural Irregularity in Appellate Judgment. The High Court's common judgment considering evidence from only one trial violated fair trial principles under Section 273 of the Code of Criminal Procedure, 1973, necessitating remand for fresh consideration.

29 Oct 2021

The dispute involved appeals by six accused persons against their conviction by the Madras High Court under the Customs Act, 1962. The Anti-Smuggling ...

High Court

Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

25 Jan 2019

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

High Court

High Court of Bombay at Goa Quashes Charge Sheet in Criminal Case Based on Compromise Between Parties — Inherent Powers Under Section 482 CrPC Invoked to Quash Non-Compoundable Offences Where Settlement is Genuine and No Public Interest at Stake.

16 Jan 2019

The petitioners, Richard Queiroz and Seby T. A. Queiroz, filed a Criminal Writ Petition before the High Court of Bombay at Goa seeking quashing of Cha...

High Court

Bombay High Court Allows Writ Petition, Holds Labour Court is a 'Court' Under Section 195(1)(b) CrPC for Making Complaint of False Evidence. Labour Court's Rejection of Section 340 Application Set Aside as Labour Court Has Jurisdiction to Entertain Complaint for False Statement in Written Statement.

8 Aug 2018

The writ petition challenged an order of the Labour Court rejecting an application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) fo...

High Court

Bombay High Court Holds Offence Under Section 185 of Motor Vehicles Act, 1988 is Non-Cognizable but Police May Arrest Without Warrant if Offence Committed in Presence. Driving Under Influence of Alcohol is a Serious Offence but Classification Under Part II of First Schedule CrPC Makes it Non-Cognizable as Punishment is Less Than Three Years.

28 Nov 2013

The applicant, Ms. Rani Shashank Doshi, was driving a motor vehicle on 27 April 2011 when she was stopped by a police officer from N.M. Joshi Marg Pol...

High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

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