Showing : 511-520 of 1361 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 227-- Discharge of accused - Magistrate in considering discharge application taken into account documents produced by accused - Held, at the time of framing charge or taking cognizance accused has no right to produce any material - Impugned order suffered material irregularity and illegality -..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 341, 323, 504-- Quashing of proceedings - Delay of 9 days in lodging FIR - Plea of being hospitalized not supported by any material on record - Sharp weapon injury on face alleged but said allegation not supported by medico legal report - No external injury revealed in medical examination - Statement patently..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 427, 177, 199-- Undertaking of not taking any loan from a bank - Loan in fact taken from LIC Housing Finance Limited - Not a loanee of any bank - Further more, the amount of loan already paid - No case of cheating or furnishing false information made out - Cognizance rightly set aside...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of proceedings - Company has not been made an accused in complaint case which is filed only against petitioner describing him in his official capacity - Held, cognizance taken against petitioner for offence u/s.138 of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 39-- Dishonour of cheque - Presumption in favour of holder of cheque is rebuttable presumption - Presumption can be rebutted even at the threshold where the Magistrate examines a case at the stage of taking cognizance as to whether a prima facie case has been made out or not against the drawer of the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 307, 504-- Summoning of revisionists u/s 307 and 504 IPC after having rejected final report u/s 173(2) submitted by IO - Special Court while taking cognizance of offence and issuing process simply taken into consideration record of cross-case - Legality - Held, it is settled that statements u/s 200 and 202..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 142(b), 138-- Dishonour of cheque - Limitation - Crucial date for computing period of limitation is date of filing complaint or initiating criminal proceedings and not date of taking cognizance by Magistrate...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(a)-- Dishonour of cheque - Complaint without signatures of complainant - Complaint is maintainable - The requirement of S.142(a) of the Act is that the complaint must necessarily be in writing and the complaint can be presented by the payee or holder in due course of the cheque and it need not be..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 204-- At the stage of S.204 Cr.P.C. Magistrate applies his judicial mind to find out whether prima facie case is made out against the accused - At the stage of cognizance u/s 190 Cr.P.C. Magistrate takes the cognizance of the offence and not of an offender...........

Showing : 511-520 of 1361 Results