Showing : 3951-3960 of 12520 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C. - It is, therefore, not possible to permit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4)-- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time granted - Order of extension of time will operate..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, 320-- Non compoundable offences - High Court can quash criminal proceedings in exercise of its power u/s 482 Cr.P.C. having regard to the fact that parties have amicably settled their disputes and victim has no objection, even though the offences are non compoundable - Offences which involve moral..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439-- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application for bail u/s 167(2) Cr.P.C. dismissed on..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or they instigated..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 382, Criminal Procedure Code, 1973, Section 482-- Hypothecated vehicle - Bank forcibly taking possession - Default in payment of installments - Use of force is not permissible under Hire Purchase agreement and finance company has to follow due process of law to repossess the vehicle - Moreover, whether force was used or not by recovery agents is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Grant or refusal - Magistrate should record reasons - Maintenance can be awarded from the date of order or from the date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125, 354(6)-- Maintenance - Application for grant of maintenance decided by Family Court after 9 years - Most of the time husband had taken adjournments and sometimes Court dealt with matter showing total laxity - Held, Family Judge is expected to be sensitive to issues as he is dealing with extremely delicate..........

Showing : 3951-3960 of 12520 Results