Showing : 661-670 of 1335 Results

CALCUTTA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227, 228, 239, 240-- Framing of charge - Charge framed u/s.120B r/w Ss.148/149/326/307/302 and 374 IPC - Validity - Held, S.120B/149 IPC cannot co-exist for same offences - Thus charge could have been framed either mentioning 149 IPC or in alternate with aid of S.120B IPC...........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227, 228, 239, 240-- Framing of charge - Prosecution case is that accused who were twelve in number constituted an unlawful assembly - Charge framed u/s.302 r/w S.34 IPC - Validity - Held, charge could not be framed r/w S.34 IPC but with aid of S.149 IPC...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Prosecution of directors - Validity - Only allegations against petitioners were that they were directors of accused company - Held, it cannot be said that the acts committed by them would sufficiently make out petitioners to be vicariously liable - It is trite that so far as..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Order taking cognizance - Quashing of - Order of cognizance for offence u/ss 306, 120-B IPC - Impugned charge-sheet filed against petitioners without applying mind - Cognizance order passed by Magistrate without judging prima facie evidence available on record - Held, entire proceedings of case..........
DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20- - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the matter for the purpose of sifting evidence and venture a mini trial -..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494-- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police treated..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of conduct of business of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court u/s.482 Cr.P.C. -..........

Showing : 661-670 of 1335 Results