Showing : 4441-4450 of 14044 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed on that ground because offences involved are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C. - It is, therefore, not possible to permit..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, 320-- Non compoundable offences - High Court can quash criminal proceedings in exercise of its power u/s 482 Cr.P.C. having regard to the fact that parties have amicably settled their disputes and victim has no objection, even though the offences are non compoundable - Offences which involve moral..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 326, 307-- Compounding of offence - Offences u/ss 326 & 307 IPC are not compoundable - But since parties have entered into compromise and are neighbours and there is harmonious relationship between two sides and that they are living peacefully, therefore, proceedings are liable to be quashed - Petition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4)-- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time granted - Order of extension of time will operate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439-- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application for bail u/s 167(2) Cr.P.C. dismissed on..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or they instigated..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 382, Criminal Procedure Code, 1973, Section 482-- Hypothecated vehicle - Bank forcibly taking possession - Default in payment of installments - Use of force is not permissible under Hire Purchase agreement and finance company has to follow due process of law to repossess the vehicle - Moreover, whether force was used or not by recovery agents is..........
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
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..........

Showing : 4441-4450 of 14044 Results