46 | UDAY MOHANLAL ACHARYA Vs. STATE OF MAHARASHTRA | Coram: B.N. AGRAWAL | 29/03/2001 | Code of Criminal Procedure, 1973 : Section 167(2), Proviso-Detention of an accused-Maximum period- Prescription of-Challan not filed within the stipulated time-Consequence of-Held, an indefeasible right to be released on bail accrues to the acc | Allowing the appeal, the Court Held : (Per Pattanaik, J. for himself and Banerjee, J.) 1.1. Under the proviso to sub-Section (2) of Section 167 Cr.P.C., a Magistrate before whom an accused is produced may authorise detention of the accused ot | Click here to see Subject, Head Notes, Citation and Judgement |
47 | ARVIND SINGH Vs. STATE OF BIHAR | Coram: UMESH C. BANERJEE, K.G. BALAKRISHNAN | 26/04/2001 | Indian Penal Code, 1860 Sections 302, 304-B and 498-A. Dowry death-Husband and other family members accused-Conviction by trial court-Appeal-Charge of husband converted by High Court from Section 304-B to 302-No substantial evidence to implicate | Allowing the appeal, the Court HELD: 1. The conviction and sentence imposed on the husband-appellant cannot be sustained. The evidence, is not sufficient enough to reach an irresistible conclusion of the involvement of the husband as the murdere | Click here to see Subject, Head Notes, Citation and Judgement |
48 | RAJU Vs. STATE OF HARYANA | Coram: M.B. SHAH, BRIJESH KUMAR | 02/05/2001 | Indian Penal Code-Sections 302 and 376-Death Penalty-Justification of- Accused raped and thereafter committed murder of an 11 year old girl- Accused admitted that he had committed murder as the girl threatened to disclose the incident to her famil | Dismissing the appeal against conviction and commuting death penalty to imprisonment of life, the Court. HELD : 1. The High Court after appreciating the entire evidence has rightly confirmed the conviction order passed by the Sessions Court. The | Click here to see Subject, Head Notes, Citation and Judgement |
49 | M.N. DAMANI Vs. S.K. SINHA AND OTHERS | Coram: D.P. MOHAPATRA, SHIVARAJ V. PATIL | 02/05/2001 | Code of Criminal Procedure, 1973-Section 482-Quashing of Proceedings-Scope of-Complaint by A against B-Allegations of forgery, threat and use of force made by B against A in application for bail-A files complaint for defamation-Proceedings quashed | Allowing the appeal, the Court HELD : 1. On a plain reading of the order of the Magistrate, issuing summons to the respondents, keeping in view the allegations made in the complaint and sworn statement of the Appellant, it appears that a prima | Click here to see Subject, Head Notes, Citation and Judgement |
50 | PURAN, SHEKHAR AND ANR. Vs. RAMBILAS & ANR., STATE OF MAHARASHTRA & ANR. | Coram: M.B. SHAH, S.N. VARIAVA | 03/05/2001 | Code of Criminal Procedure, 1973: Section 439-Bail-Necessity of giving reasons while granting- Distinction between reasons for bail and merits of the case. Section 439(2) Cancellation of bail-Grounds for-Held, can be cancelled where the ord | Dismissing the appeal, the Court HELD : 1. Bail has been cancelled by the High Court for very valid and cogent reasons. Giving reasons is different from discussing merits or demerits. At the stage of granting bail a detailed examination of evide | Click here to see Subject, Head Notes, Citation and Judgement |
51 | RE: SUO MOTO PROCEEDINGS AGAINST MR. R, KARUPPAN, ADVOCATE Vs. RE: SUO MOTO PROCEEDINGS AGAINST MR. R, KARUPPAN, ADVOCATE | Coram: K.T. THOMAS , R.P. SETHI , B.N, AGRAWAL | 12/05/2001 | Indian Penal Code, I860: Chapter XI-Sections 191 & 193, Perjury-Public justice-offences relating to giving false evidence-:Duty of court to curb, Writ-Quo warranto-Raising dispute of age of Hon'ble the Chief Justice of India-Affidavit in supp | Disposing of the suo motu proceedings initiated against the respondent, the Court HELD : 1. The Respondent is prima facie guilty of offence of perjury. Justice dispensation system would be wrecked if statutory restrictions are not imposed upon | Click here to see Subject, Head Notes, Citation and Judgement |
52 | M. KRISHNAN Vs. VIJAY SINGH AND ANR. | Coram: M.B. SHAH , R.P. SETHI | 11/10/2001 | Criminal Law : Code of Criminal Procedure, 1973-Section 482-Criminal Proceedings-Quashing of-When civil disputes pending between the parties-Held justified. Respondents withdrew huge amounts from bank on the basis of forged documents showing | Allowing the appeal, the Court HELD : 1. High Court was not justified in quashing the criminal proceedings against the respondents. The High Court appears to have been impressed by the fact that as the nature of the dispute was primarily of a ci | Click here to see Subject, Head Notes, Citation and Judgement |
53 | DILAWAR BALU KURANE Vs. STATE OF MAHARASHTRA | Coram: SYED SHAH MOHAMMED QUADRI, S.N. PHUKAN | 08/01/2002 | Prevention of Corruption Act, 1947/Indian Penal Code, 1860-Sections 5(2) and 5(1) (d)/Sections 161 and 477 A. Accused-Lecturer of private college-Appointed to evaluate answer scripts by University-Charged for accepting bribe for increasing marks | Allowing the appeal, the Court HELD : 1.1. The appellant being a lecture of a private college would not come within the definition of public servant as contained in Section 21 of the Indian Penal Code. But, since he was appointed by the Universi | Click here to see Subject, Head Notes, Citation and Judgement |
54 | STATE OF KARNATAKA Vs. M. DEVENDRAPPA & ANR. | Coram: M.B. SHAH, B.N. AGRAWAL, ARIJIT PASAYAT | 16/01/2002 | Code of Criminal Procedure, 1973. Section 482-Inherent Powers of high Court-Quashing of proceedings- Exercise of-Held, should be exercised sparingly when the complaint does not disclose any offence or is frivolous, vexatious, oppressive or malaf | Allowing the appeal, the Court HELD : 1. The powers possessed by the High Court under Section 482 of the Criminal Procedure Code, 1973 are very wide and the very plenitude of the power requires great caution in its exercise. The power should be | Click here to see Subject, Head Notes, Citation and Judgement |
55 | HARISINGH M. VASAVA Vs. STATE OF GUJARAT | Coram: R.P. SETHI, K.G. BALAKRISHNAN | 27/02/2002 | Indian Penal Code, 1860: Section 302. Murder-Eye witnesses-Two witnesses turned hostile-Testimony of complainant- witness-Corroboration of-Evidence of complainant-witness held reliable- Conviction of accused held valid-Reversal of acquittal orde | Dismissing the appeal preferred by accused, the Court HELD: 1.1. The High Court was justified in interfering in this case by setting aside the judgment of the trial court. It has assigned valid reasons for believing the testimony of complainant | Click here to see Subject, Head Notes, Citation and Judgement |
56 | RAJESH @ RAJU CHANDULAL GANDHI & ANR. Vs. STATE OF GUJARAT | Coram: R.P. SETHI, K.G. BALAKRISHNAN | 07/03/2002 | Indian Penal Code, 1860: Sections 120B, and 302 Murder-Testimony of eye witnesses-Cogent reliable and confidence inspiring- Concurrent findings of Court below as to guilt of accused-Conviction held justified-Held, no interference called for with | Dismissing the appeal, the Court HELD : 1. There is no reason to interfere with the concurrent findings of fact arrived at against the accused holding them guilty for which they have been convicted and sentenced. [317-G] 2. In the instant cas | Click here to see Subject, Head Notes, Citation and Judgement |
57 | STATE OF ORISSA Vs. THAKARA BESRA & ANRS. | Coram: R.P. SETHI, D.M. DHARMADHIKARI | 16/04/2002 | Penal Code, 1860 : Section 376 Rape-Testimony of prosecutrix-Trusworthiness-Corroboration by medical evidence-Conviction by Trial Court-Appeal by accused persons- Re- appreciation of evidence by High Court-Acquittal-Appeal before Supreme Court- | Allowing the appeal, the Court HELD: 1. The testimony of the prosecutrix appears truthful and trustworthy being without any embellishments and exaggerations. She is corroborated by her immediate and subsequent conduct as also the medical evidenc | Click here to see Subject, Head Notes, Citation and Judgement |
58 | D@HAMRAMNESNIDNRGASRIANTHANSINH Vs. STATE OF GUJARAT | Coram: DORAISWAMY RAJU, BRIJESH KUMAR | 17/04/2002 | Penal Code, 1860 : Section 302: Murder-Husband suspecting fidelity of wife-Committing murder of his two sons-Testimony of wife-Vivid description of occurrence given by her- Prosecution case established by cogent evidence on record-Held, reliance | Dismissing the appeal and modifying the sentence the Court HELD : 1. The presence of PW-3 cannot be doubted in respect of which an effort was made to raise an argument in vain. The prosecution story as per her statement rings true and stands est | Click here to see Subject, Head Notes, Citation and Judgement |
59 | Pawan Kumar Vs. State of Haryana | Coram: & | 23/07/2003 | Indian Penal Code, 1860: S. 302 r/w s. 34-Conviction based on circumstantial evidence- Propriety of- A taxi driver found dead in a hotel room-Two persons who had hired the taxi and were alleged to have stayed in the hotel room along with the dri | Held, though it was proved that the accused hired the taxi, but it does not show complicity of the accused with the crime-There is no evidence to establish the circumstance that the two accused along with the driver stayed in the Hotel room during | Click here to see Subject, Head Notes, Citation and Judgement |
60 | Hira Lal and Ors. Vs. State (Govt. of NCT) Delhi | Coram: DORAISWAMY RAJU , ARIJIT PASAYAT. | 25/07/2003 | Indian Penal Code, 1860; Sections 304-B, 306 and 498-A: Dowry death-Wife subjected to torture for dowry by the husband and his parents-Committed suicide within 7 years of her marriage-Trial Court convicted the husband and In-laws under Sections | Disposing of the appeal, the Court HELD: 1.1. Section 113-B of the Evidence Act and Section 304-B IPC shows that there must be material to show that soon before the death the victim was subjected to cruelty or harassment. Prosecution has to rule | Click here to see Subject, Head Notes, Citation and Judgemen |
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