Showing : 911-920 of 3166 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 473-- Summoning order - Limitation - Question not raised before Magistrate - This can be suitably raised by accused as and when they appear before Court below as it is the jurisdiction of Magistrate alone at this point of time - High Court cannot usurp the right of Magistrate u/s 473 Cr.P.C. and decide..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3)-- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding business of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C. can be exercised as an exception and not as a rule - Three circumstances under which Court can exercise its inherent jurisdiction, are : (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; (iii)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138-- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial Court and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 362, 482-- Inherent jurisdiction - In case, the matter is finally disposed of by Court, the said Court becomes functus officio and such cannot be altered except to correct a clerical or an arithmetical error - No Court can alter or review its judgment or final order after signing the same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 362, 482-- Inherent jurisdiction - Expunging remarks against petitioner in Judgment - Application has not been moved to correct any clerical or arithmetic error but for expunging the remarks made against the petitioner - Order has been upheld by Hon'ble Apex Court - However, keeping in view the conduct of..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 145-- Order of attachment - Trial Court not satisfied regarding status of possession of parties - Civil suits filed by both the parties pending - Both the rival parties are desperate to take possession of land by any means as land is worth crores of rupees and this fact is enough to conclude that there..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Complaint u/s 138 of N.I. Act - Dismissal for no, appearance of complainant - Magistrate dismissed the complaint without applying his judicial mind as he has not recorded any reason not to adjourn hearing of case to some other date - Nor he mentioned that he was acquitting the accused, who was..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Payable from date of application is only when Court so specifies in the order - When order is silent then maintenance is payable from the date of order - No reasons are required to be recorded when maintenance is ordered to be paid from date of application...........

Showing : 911-920 of 3166 Results