Showing : 421-430 of 1909 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Magistrate while issuing process against accused has to apply his mind to the facts and statements and satisfy that there is ground for proceeding further against accused - Though no formal or speaking or reasoned order is required at the stage of Ss.190 & 204..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of complaint - Speaking order is required to be passed u/s 203 Cr.P.C. when complaint is dismissed and that too reasons need to be stated only briefly...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a)-- Cognizance of offence - If complaint, on the face of it, does not disclose commission of any offence, Magistrate shall not take cognizance u/s 190(1)(a) Cr.P.C. - Complaint is simply to be rejected...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204-- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Magistrate forwarded complaint to police for investigation - Magistrate thereafter directed police to add some more offences and directed police to investigate and report - Prerogative of police to investigate kept in tact - There is no impermissible penetration into the domain of investigation -..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired between parties in..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not applied his mind while..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482-- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question relating to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202-- Complaint - Postponement of issue of process is mandatory u/s 202 Cr.P.C. if accused resides beyond Magistrate's jurisdiction and discretionary in other cases in which event an inquiry can be conducted by Magistrate or investigation can be directed to be made by a police officer or such other..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251-- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot required to be..........

Showing : 421-430 of 1909 Results