Showing : 7951-7960 of 18271 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Exercise of power u/s 482 Cr.P.C. - When prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made prima facie establish the offence...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil case and criminal prosecution-- Jurisdiction of civil and criminal Courts is entirely different and distinct from each other - The matter of cheating, misappropriation and removal of documents, falls within the domain of criminal Court and the decision of civil Court, with regard to the genuineness of the Will, would not debar..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Direct allegations against EO that after accepting illegal gratification, he hatched a conspiracy with his co-accused, illegally removed the Will, misappropriated the amount and cheated the complainant - Acts of accused cannot possibly be termed to be..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal prosecution - Inherent jurisdiction of High Court - In case, on the bare reading, the offences are made therefrom, no order can be made for quashment of criminal prosecution - Such criminal prosecution at the initial stage can be quashed in the rarest of rare cases, only if..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Deceased married with daughter of applicant - Some differences between couple - Daughter went to her father's house and started living there - Deceased went to his sasural to bring back his wife - Deceased did not return home - Dead body found in river - Two minor injuries were found on..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190, 202, 203-- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 200-- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Default in payment - Power of Magistrate to impose sentence - Held, limitation on power of Magistrate to impose sentence is up to maximum of one month relatable to each month of default in payment of maintenance and that subject to limitation prescribed in proviso to sub-s.(3) of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 3, 4- - Bail - Grant of - Not a case of arranged marriage - Relations between applicant and complainant were not cordial - Story of demand of dowry appears to be a figment of imagination on the part of complainant as applicant had to file writ of habeas corpus to get his wife released from clutches of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190(c), 200-- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge..........

Showing : 7951-7960 of 18271 Results