Showing : 1631-1640 of 14725 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 -..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 2(wa)-- Victim - There is no distinction between a victim in the case instituted upon a complaint and a victim in a State prosecution...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114-- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave to appeal...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - It is continuation of earlier investigation which culminates in further police report u/s 173(8) - It necessarily means that any further investigation can be made only by investigation agency which was earlier entrusted with investigation by State Government...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and should..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency to another,..........
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...........

Showing : 1631-1640 of 14725 Results