Showing : 61-70 of 279 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Investigation - Offences u/ss 420, 468, 447, 474, 466, 166, 120-B, 34 IPC - Locus standi of complainant to file proceedings u/s 156(3) Cr.P.C. - Allegation that accused passed the illegal orders for regularization of constructions made by Trust on alleged open spaces in housing colony in violation..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for investigation - Offence under Prevention of Corruption Act - Special Judge has power to pass order u/s 156(3) Cr.P.C. as a Court of original criminal jurisdiction and this power is not restrained or specifically denied by any statue - Moreover, complaint was pertaining to offences..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for investigation by CBI - Permissibility - CBI is an independent establishment and not a local police station - Special Judge exceeded its jurisdiction in directing investigation u/s 156(3) Cr.P.C. by CBI, as he was not empowered to direct investigation to any other officer other than..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 188, 166-- Sanction for prosecution - Dereliction of duty by not registering the FIR in time on the basis of complaints forwarded by Court u/s 156(3) Cr.P.C. - Order taking cognizance is illegal in absence of prior prosecution sanction...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - No particular format for application u/s 156(3) Cr.P.C. is prescribed in law - Such application should contain facts disclosing cognizable offence and further that police has failed to exercise powers u/s 154 Cr.P.C. despite intimation, whereupon Magistrate in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - That apart, in appropriate cases, Magistrate to verify the truth and also to verify the veracity of the allegations...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Investigation - When a borrower of financial institution covered under the SARFAESI Act, invokes the jurisdiction u/s 156(3) Cr.P.C. and also there is a separate procedure under the Recovery of Debts due to Banks and Financial Institutions Act, an attitude of more care, caution and circumspection..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Scope - Direction by Magistrate for police investigation is to be issued only after application of mind by Magistrate - When Magistrate does not take cognizance and does not find it necessary to postpone issuance of process and finds a case is made out to proceed forthwith, direction u/s 156(3)..........

Showing : 61-70 of 279 Results