Showing : 171-180 of 312 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 323,504,427-- Charge sheet filed u/ss 323, 504 and 427 IPC disclosing commission of non cognizable offence - Instead of treating it as complaint case Magistrate took cognizance as a State case - Not permissible - Order taking cognizance quashed - Case to be treated as complaint case - Procedure prescribed for..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g)-- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss 245(1) and 245(2) Cr.P.C. - Application for..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 420, 120-B - Complaint filed alleging cheating - Matter involved of civil dispute relating to a contract - Held, when matter involved is purely of civil nature then criminal proceedings cannot continue - Order taking cognizance quashed...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction to prosecute - Pre requisite - Cognizance of offence - Held, a valid sanction is a pre-requisite to taking of cognizance of enumerated offences alleged to have been committed by a public servant - Therefore, when court is called upon to take cognizance of such offences, it must enquire..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque -..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 227, 228-- Taking cognizance and framing charge - While taking cognizance Court is concerned with the existence of a prima facie case - However, while framing charge Court moves a step further - Court is concerned with the existence of a strong prima facie case, or of a grave suspicion, pointing to the fact..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482, 2(b), 3(1)- - Quashing of order taking cognizance - Offence in question, if any, is essentially an independent dispute arising out of a civil litigation - Accused/petitioners were not directly connected with the property - Even title of property was in dispute and the matter had been remanded by appellate..........
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..........

Showing : 171-180 of 312 Results