Showing : 1591-1600 of 14489 Results

GUJARAT HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of opportunities having..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65-- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused, must -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Income of husband - When both the sides failed to prove the income of husband by adducing proper evidence, matter requires to be remanded back to Family Court for appreciation of evidence - Case remanded for fresh decision - However, amount of maintenance cannot be disturbed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power to summon additional accused u/s 319 Cr.P.C can be exercised at any stage - Court can proceed even against those persons who are not arraigned as accused...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was presented against other co-accused - Name of additional accused were not even involved in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8), 2(d)-- Supplementary complaint - Maintainability - Supplementary complaint on additional evidence qua same accused or additional accused who are part of same larger transactions/conspiracy is maintainable, however, with leave of Court...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8), 2(d)-- Supplementary complaint - Maintainability - If on further investigation with express leave of Court, culpability and complicity of any other person is established supplementary compliant be filed...........

Showing : 1591-1600 of 14489 Results