Showing : 851-860 of 2115 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Proceedings initiated u/s 12 of the Act - Nature of - Held, merely because jurisdiction to entertain application u/s 12 has been conferred upon Magistrate, the said Act cannot be termed as a penal statute and proceedings under the said Act cannot be treated as criminal proceedings - Power under..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI Act -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3)-- For proceedings u/s 156(3) Cr.P.C., complaint must disclose relevant material ingredients of the alleged offence - If there is a flavour of civil nature, the same cannot be agitated in the form of criminal proceeding - If there is huge delay and then in order to avoid the period of limitation, it..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Non-examination of all witnesses by complainant - Held, complainant is not bound to examine all his witnesses u/s 202 Cr.P.C. and only those witnesses are required to be examined whom complainant considers material to make out prima facie case for issue of process...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257, 321-- Dishonour of cheque - Complaint - Withdrawal of Duty of Magistrate - Held, Magistrate has to record his satisfaction regarding good grounds for withdrawal of complaint i.e. fulfillment of pre-condition for withdrawal upon summary enquiry either with complainant or with accused or their counsel..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193-- Concealing factum of filing of exactly similar petition - Intentionally made false statement in affidavit that no such or similar petition had earlier been filed - However, similar petition had earlier been filed and dismissed - It is an offence punishable u/s 193 IPC - Registrar..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by Company - Vicarious liability of office bearers - Necessary averments - Complaint silent regarding specific averment that petitioners were "in charge of" and "responsible for the day to day affairs of the company at the relevant point of time" when the alleged..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides settlement was..........

Showing : 851-860 of 2115 Results