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Showing : 7951-7960 of 19418 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Third application - Applicants have been raising same question again and again so as to stifle legitimate prosecution which ex facie discloses commission of a cognizable offence - Instant application contains all the averments which were made in earlier application u/s 482 CrPC - Held, present case..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Transfer of Property Act, 1882, Section 54 -- Transfer deed - Plea of fraud or forgery - Even in civil cases, plea of fraud or forgery is required to be proved beyond reasonable doubt like a criminal charge...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Public servant - Sanction for prosecution - Refused - Permission granted after six years - No fresh material collected nor brought on record - Order sanctioning prosecution based on same material which was available when it was refused - Review on same material is not legally permissible -..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Contention that in absence of original of dishonoured cheque Court could not have issued process - Held, at the stage of issuance of process Court is required to see whether a prima facie case is made out or not -..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 380, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 468(2)(b), Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 18, 19 - - Complaint - Whether barred by limitation? - Tenant relinquished his tenancy rights by entering into written agreement dated 12.03.2005 and accepted consideration of Rs.2.00 lacs on that day and, therefore, he committed offence u/s.19(1) of..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 473, Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 18, 19 - - Delay in filing complaint - Extension of limitation period - Held, S.473 Cr.P.C. empowers Court to extend period of limitation if it is satisfied on facts and in circumstances of the case that delay has been properly explained or that it is..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent powers - Held, High Court can exercise its inherent powers u/s.482 Cr.P.C. if there is an express legal bar engrafted in any of the provisions of Cr.P.C. or Act concerned (under which criminal proceeding is instituted) to institution and continuance of proceedings...........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 8, 25 -- FIR - Lodged by accused himself - Admissible against accused as evidence of his conduct u/s 8 of Evidence Act - Information, if, non confessional, is admissible against accused as an admission u/s 21 of Evidence Act and is relevant - However, a confessional first information report by the..........

Showing : 7951-7960 of 19418 Results