Showing : 4751-4760 of 12212 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Allegation in complaint - At this stage, it is impermissible to go into the truthfulness or otherwise of the allegation - One has to proceed on a footing that the allegation made is true...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 203, 482-- Issue of process - Remedy - S.203 or for that matter no provision in the Code provides for recall or review of the order issuing process - Remedy lies u/s 482 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Enquiry - Held, enquiry as envisaged under the amended provisions of S.202 Cr.P.C. may not necessarily be insisted upon in those cases tried under the Act where accused person resides outside the jurisdiction of Magistrate - Strict requirement of S.202 Cr.P.C. may not be the..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by proprietorship firm - Quashing of complaint - Cheque issued in favour of respondent No.1/complainant on behalf of firm got dishonoured - Petitioners/accused prosecuted as partners of firm - Respondent No.1 was not sure whether said firm was partnership or..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 468(3), M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 5, 6, Indian Penal Code, 1860, Section 409-- Cognizance of offence - Bar of limitation - Offences u/s.5 & 6 of the Act of 1982 and S.409 IPC - Contention that offence was registered in year 1985-86 and sanction was granted by Government in year 1999 and therefore, case was barred by limitation - Held, in present case provisions of S.468(3)..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 228-- Indian Penal Code, 1860, S.409 - Framing of charge - Defence of accused - Held, it cannot be considered at stage of framing of charge because no appreciation of evidence is required to be done at this stage - Only a prima facie case is to be seen...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- M.P. Vinirdishta Bhrastha Acharan Niwaran Adhiniyam, 1982, S.39 - - Sanction for prosecution - Opportunity of hearing - Held, at the time of grant of sanction there is no need to give opportunity of hearing to concerned public servants...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Indian Penal Code, 1860, S.409 - Sanction for prosecution - "Offence committed in discharge of official duty" Misappropriation - Engineers misappropriated budget granted to them for doing some public work - Held, their act was not at all connected with their public duty - On contrary, it was a..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6-- Wrongful confinement - Search warrant - Petitioner/mother voluntarily left minor child with respondent/husband - Said fact neither denied nor even disputed by petitioner/mother - Held, father is natural as well as legal guardian of minor boy - Therefore when a minor son is with his father such..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua petitioners -..........

Showing : 4751-4760 of 12212 Results