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Showing : 2251-2260 of 5137 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 244, 245, 246 -- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no case against accused..........

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..........

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..........

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...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award from date of application - Validity - Applicant/wife is married wife of revisionist/opposite party whereas opposite party had contracted second marriage - Revisionist/opposite party had sufficient means to maintain his wife applicant - Court below had recorded a finding that wife is entitled for maintenance..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18, 25(3) -- Quashing of proceedings - Sale of sub standard drug - Report of Government analyst was received after expiry date of sample drug - Held, question of exercising option or notifying intention u/s 25(3) of the Act does not arise - In such a case, accused has no opportunity to..........

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..........

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 -..........

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..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Respondent who was alive to the fact that notice would take some time to reach petitioner did not file complaint immediately after notice was posted - Respondent instead waited for four more days and filed complaint on 19th day after..........

Showing : 2251-2260 of 5137 Results