Showing : 1-10 of 3585 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as the amended provision of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471-- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no intention to make..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Persons named in FIR but not implicated in charge sheet can be summoned to face trial, even if stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PWs before Court can be said to be `evidence' during trial within the meaning of word `evidence' used u/s 319 Cr.P.C, therefore, on the basis of same, persons against whom no charge sheet is filed can be summoned to face trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239-- Discharge - While considering application for discharge, Court must proceed on assumption that material brought on record by prosecution is true and evaluate the material in order to determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 239-- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to..........

Showing : 1-10 of 3585 Results