Search Results for "strong and cogent evidence"

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Search Results for "strong and cogent evidence"

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Supreme Court

Supreme Court Quashes Summons Issued Under Section 319 Cr.P.C. and Remands for Fresh Consideration. The Court held that invocation of Section 319 Cr.P.C. requires strong and cogent evidence from the evidence led before the court, and the test is more than prima facie case but short of satisfaction that unrebutted evidence would lead to conviction, setting aside the lower courts' orders based solely on the complainant's deposition.

13 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition concerning the invocation of Section 319 of the Code of Crimi...

Supreme Court

Supreme Court Allows Victim's Appeal in Criminal Case for Summoning Additional Accused Under Section 319 CrPC. Court Held That Trial Court and High Court Erred in Rejecting Application Based on Examination-in-Chief of Injured Eye-Witness Without Appreciating Evidence on Merits, as Power Under Section 319 CrPC Can Be Exercised Even on Single Witness Testimony.

24 Aug 2021

The dispute arose from an FIR registered on 27.07.2016 at Police Station Assandh concerning the death of Amarjit Singh and injuries to Manjeet Singh, ...

Supreme Court

Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

1 May 2019

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

Supreme Court

Supreme Court Quashes Summoning of Appellants Under Section 319 CrPC in Dowry Death Case — Dying Declaration Only Named One Accused, General Allegations Insufficient. No Prima Facie Case for Section 302 IPC or Dowry Offences Against Appellants.

27 Feb 2019

The Supreme Court allowed the appeals against the order of the High Court of Judicature at Allahabad which had affirmed the trial court's order summon...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Matrimonial Dispute Due to Lack of Strong and Cogent Evidence. Vague Allegations in FIR Without Identification of Persons Insufficient to Invoke Section 319 CrPC.

1 Jan 2019

The present appeal arises from a matrimonial dispute where the complainant, S. Nallasamy, alleged that on 05.05.2011, his wife's relatives and others ...

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