Showing : 5331-5340 of 13227 Results

CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1)-- Dishonour of cheque - Sentence of fine - Imposition of - Power of Courts - Held, Courts are empowered to impose sentence of fine and if sentence of fine is imposed, then part of whole amount of fine may be awarded as compensation to complainant in accordance with S.357(1) of the Code...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 244, 245, 246-- Framing of charge - Procedure to be followed - Held, while framing charges on a Police report which is confined to material collected during the course of investigation, if Court finds that there is ground for presuming that accused has committed offence, it can frame charge - If he finds that no..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3)-- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any loss or injury by reason..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It has to be constant process by which emotional distress is caused -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 340, 195, 482-- False statement - Quashing of proceedings - Applicant alleged to have made a wrong statement that revision of other side was dismissed with costs - Held, this statement does not have direct bearing on the outcome of proceedings and would not constitute false statement - It is only that statement..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125, 127-- Maintenance - Enhancement of - Court below has not considered the salary received by husband - Enhancement made by Court below is inadequate - Held, considering the entire circumstances, rise in inflation, cost of living and also considering the salary of husband, which keeps increasing every year..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A-- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against petitioners by observing that..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - Duty of Court - Held, at the stage of issue of process it is not duty of Court to find out as to whether accused would be ultimately convicted or acquitted - Object of S.204 CrPC is to consider whether there are sufficient grounds for proceeding against accused persons -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Proceeding u/s 145 Cr.P.C. during the pendency of a suit is not without jurisdiction, though it may be inexpedient - Normally the parties approach the Court of competent jurisdiction for granting interim reliefs by way of appointment of receiver or passing of injunction order for avoidance of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Preliminary order - Dispute regarding possession - Failure to disclose grounds of satisfaction - Effect - While initiating proceedings u/s 145, Magistrate has not disclosed in preliminary order the grounds on the basis of which he has assumed satisfaction that there existed a dispute between..........

Showing : 5331-5340 of 13227 Results