Showing : 91-100 of 222 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202-- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of proceedings - Applicant sought quashing of proceedings on ground that complaint was not filed by competent person - In complaint opposite party No.2 has specifically stated that his wife has executed a power of attorney in his favour and was authorized..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Acquittal - Non appearance of appellant/complainant - Dismissal of complaint resulting in acquittal of respondent/accused - Order of dismissal of complaint is not a speaking order - Nothing is discernible from order, i.e., whether case was posted for evidence or not or..........
PATNA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of order taking cognizance - Private complaint alleging offence u/ss 323 and 406 of IPC - Petitioners were senior Divisional Manager and Branch Manager of LIC of India - Wife of opposite party No.2 took policy for Rs.60,000/- Death of wife within one year - She was a house-wife and had no..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 345-- Contempt of Court - Summary Proceedings - Petitioner alleged to have insulted Magistrate on 28.01.2008 - Petitioner was not caused to be detained and the proceedings under Section 345(1) was not initiated on the same day - Proceedings initiated on 29.01.2008 - Held, proceedings are outside the..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 195(b)(1),340-- Proceedings pending before High Court - Offence relating to document filed in such proceedings - Cognizance of - Held, preliminary enquiry is contemplated to record a finding before a complaint in writing may be sent to Magistrate having jurisdiction, particularly when proceedings in nature of..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3),200-- Complaint - Cognizance - Taking of - Held, where a jurisdiction is exercised on a complaint petition filed in terms of S.156(3) or S.200 of CrPC, Magistrate is required to apply his mind - Penal Code does not contain any provision for attaching vicarious liability on part of Managing Director or..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202(2)-- Complaint - Examination of all witnesses cited in the complaint or whose name was disclosed by the complainant in furtherance of the direction given by the Magistrate in terms of proviso to S.202(2) Cr.P.C. is not a condition precedent for taking cognizance and issue of process against accused...........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, 233, 243-- Statement of accused - Criminal complaint - Trial court took cognizance and exempted accused from personal appearance during trial - When matter fixed for examination of accused, an application filed by her (accused) for exemption from personal appearance for purpose of examination u/s 313 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202, 190-- Protest petition - Magistrate may proceed to examine the matter on the basis of materials collected during investigation and to see whether or not any case for taking cognizance of offence is made out from the materials collected during investigation - If prima facie, a case is made out,..........

Showing : 91-100 of 222 Results