Showing : 91-100 of 176 Results

PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 205-- Exemption from personal appearance can be granted when summons are issued in a warrant case if warrant of arrest has been against him in course of investigation purportedly under S.73 Cr.P.C. - Issuance of warrant prior to commencement of proceeding u/s 204 Cr.P.C. - Not a legal bar for..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 245, 246, 190, 204-- Complaint case - Rejection of application u/s 245(2) Cr.P.C. - After rejection of application Court cannot straighway proceed to frame charge - Before framing charge Court has to record evidence - It is only on the basis of evidence that Magistrate has to decide as to whether there is a ground to..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 202, 204-- Issue of process - Postponement of - Held, postponement of issue of process u/s 202 is not compulsory and still remains at discretion of Magistrate...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 199, 200, 204-- Second complaint - Can only be filed in case of exceptional circumstances viz. the previous order was passed on incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or foolish or where new facts which could not despite due diligence could be..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 204(1)-- Appearance in Court in obedience to summons issued by Court - Accused cannot, normally be remanded to custody...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 203, 204-- Issue of process - Duty of Magistrate - Prima facie case - Held, at the stage of passing order u/s 203 or 204 Cr.P.C., only prima facie case has to be seen and not whether the evidence as adduced is to result in conviction of accused persons...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204-- Recall of summoning order - Summoning order recalled - Magistrate had jurisdiction to recall the summoning order in view of K.M.Mathew's case - Subsequently Supreme Court in Adalat Prasad case held that Court which passed the order of summoning had no jurisdiction to recall the same as there is no..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204-- Dishonour of cheque - Issuance of process - Respondent was not examined u/s 200 of the Code and Magistrate relying upon affidavit filed by respondent issued process against petitioner - Held, this exercise undertaken by Magistrate cannot be sustained - Order issuing process against petitioner as..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........

Showing : 91-100 of 176 Results