Showing : 231-240 of 476 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - Neither petitioner/complainant had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to respondent/accused - Evidence against respondent/accused is contrary to his submission - At every stage..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376-- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,34, Evidence Act, 1872, Section 3-- Murder - Appeal against acquittal - PW1, was on motorcycle, nearly 30 yards away from place where victim fell on ground - He saw accused persons chasing victim from about distance of 75 feet - It is not understandable why he could not increase speed of his motor cycle so as to cover distance of..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 372-- Proviso(as inserted by Act 5 of 2009) - Appeal against acquittal by victim - Applicability of proviso - Impugned judgment has been passed on 18.03.2009, whereas proviso to S.372 of the Cr.P.C. was inserted on 31.12.2009, that is to say, long after date of incident i.e. 05.03.2008 - Held, proviso..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor - In summary..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326-- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings successor Judge or..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Malicious prosecution-- Damages - Mere acquittal of an accused in criminal case does not give rise to presumption of his malicious prosecution in suit for damages on that account - Issue has to be proved before civil Court independently...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing..........

Showing : 231-240 of 476 Results