Showing : 581-590 of 3529 Results

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..........
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 219, 220, 223, Companies Act, 1956, Section 628, 621-- Joint trial of offences - Committed in the course of same transaction - Jurisdiction of Special Court - Special Court constituted to try offences under Companies Act can also try offences under IPC and other Special Acts if based on transaction...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Investigation - When a borrower of financial institution covered under the SARFAESI Act, invokes the jurisdiction u/s 156(3) Cr.P.C. and also there is a separate procedure under the Recovery of Debts due to Banks and Financial Institutions Act, an attitude of more care, caution and circumspection..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 468, 120B-- Anticipatory bail - Offence u/ss 420, 406, 468 & 120-B IPC and S.72(A) of IT Act - Allegation that accused persons being husband and wife, trustees of two trusts raised few crores of rupees as donation to build a `museum' in honour of 2002 riot victims which they failed to do - Case registered..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - That apart, in appropriate cases, Magistrate to verify the truth and also to verify the veracity of the allegations...........

Showing : 581-590 of 3529 Results