Showing : 51-60 of 229 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 200-- Cognizance - Meaning - Cognizance has a reference to the application of judicial mind by Magistrate in connection with the commission of an offence and not merely to a Magistrate learning that some offence had been committed - Mere presentation of complaint and receipt of same in Court does not..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B(2), Criminal Procedure Code, 1973, Section 468-- Illegal gratification - Criminal conspiracy - Cognizance of offence - Incident took place in the year 1995, FIR lodged in the year 1999 and cognizance taken in 2001 - Entire proceedings are vitiated in law as limitation to file complaint under alleged offence is one year u/s 468 Cr.P.C. -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Summoning order - High Court set aside summoning order and directed appellant to adduce further evidence, if any, to support allegation in the complaint - Held, High Court fell into error of evaluating merits of defence case and other submissions advanced on behalf of accused, which were not..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 190(1)(b)-- Cognizance of offence - If there is reason for Magistrate to differs with opinion of police report expunging the case by submitting final report/closer report, he has three options: (1) to order further investigation u/s 156(3) Cr.P.C.; (ii) to accept the police report and drop the proceedings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 190(1)(c), 210-- FIR and private complaint in same offence - Cancellation report submitted by police after investigation - There is no obligation on Magistrate to accept the cancellation report if he does not agree with the opinion formed by police and still he has jurisdiction to take cognizance u/s 190(1)(c)..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - S.190 Cr.P.C. contemplates cognizance of an offence by Magistrate in any of the following four circumstances - (i) upon receiving complaint of facts; (ii) upon police report of such facts; (iii) upon information received from any person other than police officer; (iv) upon..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34-- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books Act can be..........

Showing : 51-60 of 229 Results