Showing : 761-770 of 2227 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- T.N. Gambling Act, 1930, Ss.3, 8, 9 - Gambling - Quashing of proceedings - Accused, president of club, alleged to have permitted gambling in club - Nothing on record to show that on date of occurrence accused held post of President - Except ten police constables as witnesses and mahazar witnesses,..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Quashing of summoning order - Complaint against accused u/ss 452, 323 and 504 IPC - Magistrate took cognizance and issued summoning order against accused after having found prima facie case - Held, inherent power cannot be exercised when factual foundation of any offence was laid..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No intention has been..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504-- Quashing of complaint - Petitioner/accused alleged to have committed offence punishable u/s.504 IPC - Respondent/complainant had no case that accused had used any abusive words in front of him or addressed any letter to him containing such provocative words - Merely because certain things were..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order and recall the summoning order - Remedy lies before High Court u/s 482 Cr.P.C. or under Article 227 of the Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173- - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Held, even if accused voluntarily at a later stage settles monetary claim that cannot be made a ground to quash criminal proceedings unless well established principles for exercise of power u/s 482 CrPC are made out...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Allegations if accepted in entirety are most likely to make out criminal offence alleged against accused - Held, proceedings cannot be termed as an abuse of process of Court and hence cannot be quashed...........
KERALA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482-- Defamation against company - No such offence will lie against company as company is only a juristic person and it cannot be attributed with mens rea, which is an essential ingredient for constituting the offence of defamation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Recall of order quashing FIR - High court can recall the quashing order when accused abused the process of Court as inherent powers of Court can be invoked when special circumstances are made out...........

Showing : 761-770 of 2227 Results