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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 4(1) -- Offence u/s 3 of the Act - Legal assistance - Senior Advocate of eminence can be appointed by a District Magistrate and upon his engagement, such an Advocate shall take over entire process of trial..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Evidence Act, 1872, Section 35 -- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the official i, charge, which alone would make it..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Where offences are against society and not private in nature, which have serious impact upon society, compromise even if arrived at between parties do not constitute a valid ground to quash FIR or charge sheet...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 493, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 493 IPC - Quashing of charge sheet - No allegation of any inducement or any deceit to make victim believe that she was lawfully married to accused, which mislead her to have sexual intercourse with accused - Only allegation is that after marriage was settled, accused started..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Demand of dowry - Quashing of charge sheet - Allegation in FIR shows that a demand of dowry of Rs.5 lakhs was made by accused from complainants - There are direct allegations in FIR - Allegations prima facie constitute a commission of an offence under the Act - Charge sheet not liable..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 420, 120B -- Cheating - Quashing of proceedings - Allegation that father of accused in connivance with other employees of bank committed financial irregularities on basis of forged documents by misusing his post and by providing fake loan to relatives - Manner in which loan was advanced without any proper documents and fact that accused are..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Constitution of India,1950, Article 226 -- Writ petition - Service - Dismissal - Charge of theft - Manner of conducting departmental enquiry was in accordance with law and award of Labour Court is unassailable, as it is based on proper appreciation of evidence - There is not even a pretence of recording a finding of any jurisdictional error or violation of natural justice..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - An application for "anticipatory bail" in anticipation of arrest can be moved by accused at a stage before an FIR is filed or at a stage when FIR is registered but charge sheet has not been filed and investigation is in progress or at a stage after investigation is concluded - Power to grant "anticipatory..........

Showing : 1-10 of 3090 Results