Showing : 521-530 of 1361 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173(2), 190, 197, Prevention of Corruption Act, 1988, Section 19- - Public servant - Sanction for prosecution - Magistrate when applies his judicial mind in any direction - It amounts to taking cognizance - Cognizance bared in absence of sanction...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 204, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471-- Cognizance of offence - Charge sheet filed against accused - Governor refused to grant sanction for prosecution of the accused - In absence of sanction for prosecution, Magistrate has to ignore the police report or reject the same...........
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...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 155(4), 198, Indian Penal Code, 1860, Section 498A, 323, 494-- Cognizance of no, cognizable offence - Contention on behalf of petitioners that offence u/s.494 IPC is a no, cognizable offence, cognizance of which can be taken by Magistrate only on the basis of a complaint as required u/s.198 CrPC, and that no cognizance in respect of that can be taken on the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising out of matrimonial dispute, there is tendency to involve entire..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420-- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
PATNA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 429-- Order of cognizance - Quashing of - Specific assertion in complaint that petitioner had taken Rs.1500/- as operation charge, whereas in protest petition, complainant asserted that petitioner had taken Rs.15,000/- besides charge of medicine - In complaint, statement was made that at the time of..........
UTTARAKHAND 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 proceedings - Complainant/respondent contended that cheque amount, in question, is a legally enforceable debt - Entire transaction between parties itself is based upon an illegal partnership - Held, cheque issued on account of said partnership firm by..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power u/s 319 of Cr.P.C. is discretionary in nature - Magistrate takes cognizance of offence and not of the offender - Court has power to proceed against person other than accused if it appears from the evidence that other person not being accused has committed..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 210, 482-- Private complaint - Summoning of accused - Legality - FIR lodged against five persons - Charge sheet filed against one accused - Cognizance taken on charge sheet but case not yet committed - Father of victim filed a complaint in respect of same offence impleading remaining accused - Summoning..........

Showing : 521-530 of 1361 Results