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Showing : 7931-7940 of 19418 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 145(4), (6), 146(1) -- Preliminary order - Dispute regarding possession - Exercise of power by Magistrate - Property in dispute was in occupation of Punjab National Bank and the same has been vacated by it and possession was handed over to applicant - Held, only recourse left to Magistrate was to declare applicants as being in..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement of - Court below has not considered the salary received by husband - Enhancement made by Court below is inadequate - Held, considering the entire circumstances, rise in inflation, cost of living and also considering the salary of husband, which keeps increasing every year by way of increment and..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Duty of Court - Held, at the stage of issue of process it is not duty of Court to find out as to whether accused would be ultimately convicted or acquitted - Object of S.204 CrPC is to consider whether there are sufficient grounds for proceeding against accused persons - Magistrate has only to see prima..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 325 -- Summoning of additional accused - Quashing of order - Court below while passing order u/s 319 CrPC has not recorded any specific finding as to whether or not the evidence adduced, if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing - Criminal prosecution cannot be quashed on the ground of exoneration in departmental proceedings...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Service -- Departmental proceedings and criminal case - Standard of proof in department proceeding is lower than that of criminal prosecution - Departmental proceeding or criminal cases have to be decided only on the basis of evidence adduced therein - Truthfulness of the evidence in the criminal case can be judged only after the evidence is adduced therein and the..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Sentence of fine - Imposition of - Power of Courts - Held, Courts are empowered to impose sentence of fine and if sentence of fine is imposed, then part of whole amount of fine may be awarded as compensation to complainant in accordance with S.357(1) of the..........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3) -- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Allegations highly absurd and inherently improbable even if taken at its face value and accepted in its entirety - Do not prima facie constitute an offence or make out a case against the accused - Proceedings quashed...........

Showing : 7931-7940 of 19418 Results