Showing : 4721-4730 of 14725 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125, 354(6)-- Maintenance - Application for grant of maintenance decided by Family Court after 9 years - Most of the time husband had taken adjournments and sometimes Court dealt with matter showing total laxity - Held, Family Judge is expected to be sensitive to issues as he is dealing with extremely delicate..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Grant or refusal - Magistrate should record reasons - Maintenance can be awarded from the date of order or from the date of application - For awarding maintenance from the date of application, express order is necessary - No special reasons, however, are required to be recorded by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27-- Murder - Delay in lodging FIR - Complainant stated that delay caused due to the threats given by accused to complainant and others against reporting the matter to police - Lodging of FIR instantaneously about commission of offence takes a back seat specifically when life, liberty and welfare of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court being the final court of fact is fully competent to re-appreciate, reconsider and review the evidence and take its on decision - Law does not prescribe any limitation, restriction or condition on exercise of such power and Appellate Court is free to..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Prior permission - Law does not mandate taking of prior permission from Magistrate concerned for carrying out further investigation but as a matter of propriety police has to seek permission of Court to continue further investigation and file supplementary charge-sheet...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Prior permission - Once the Circle officer himself asked investigating officer to undertake further inquiry after completing all legal formalities of court, there is no fault in directing further investigation in the matter wherein charge-sheet has already been filed and..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 218-- Separate charges for distinct offences - Offences u/ss 354 & 376 IPC - Offence punishable u/s 354 IPC is quite different from the offence u/s 376 IPC - If the allegations against accused discloses an offence punishable u/s 354 IPC followed by an offence punishable u/s 376 IPC, he must be charged..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 164-- Confession - Recording of - Trainee RJS attached to any Magistrate is not a Judicial Magistrate with reference to provision of S.164 Cr.P.C and such he is not competent to record such statement and administer oath to person whose statement is so recorded...........

Showing : 4721-4730 of 14725 Results