Showing : 6381-6390 of 14704 Results

UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Issuance of process - Recall of order - Whether order for issuance of process in stage of trial can be reviewed or reconsidered by Magistrate? - Held, issuance of process is a preliminary step in stage of trial - Such order is an interlocutory order - Magistrate does so only..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204, 190-- Issue of process - Police investigating into offence and submitted closure report - Magistrate empowered to reject closure report and issue process to accused...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 219, 204-- Police investigating into offence and submitting report to Magistrate - Case exclusively triable by Session Court - All that Magistrate has to do at the stage of S.204 CrPC is to see whether on perusal of evidence there is "sufficient ground for proceeding" against accused and at this stage, he is..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - Whether reasons given by Magistrate issuing process u/ss 202 or 204 CrPC were good or bad, sufficient or insufficient, cannot be examined by High Court in revision - All that High Court could do while exercising its powers of revision u/ss 397/401 CrPC was to examine whether..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - Matter of taking cognizance and issuance of notice is based on satisfaction of Magistrate - It is not essential for concerned Magistrate to record reasons or to pass speaking order demonstrating basis of satisfaction leading to issuance of process...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 156(3)-- Cognizance of offence - Once Magistrate takes cognizance of offence u/s 190 CrPC, he cannot order of his own further investigation in the case u/s 156(3) CrPC - But if subsequently Sessions Court passes order discharging accused persons, further investigation by police on its own would be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issue of process - Possible defence of accused need not be taken into consideration at the time of issuing process - There may be a situation, wherein, the defence(s) raised by an accused is/are factually unassailable, and the same are also not controvertible, it would, demolish the foundation of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - At the stage of S.204 CrPC, standard to be adopted by Magistrate in scrutinizing evidence is not same as one which is to be kept in view at the stage of framing of charges by Sessions Court...........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Entitlement to - Respondent contracted second marriage during subsistence of first marriage due to which wife left matrimonial home - Claim of maintenance has been preferred after 19 years - That was supported by her daughter, who was at relevant point of time aged about 11-12 years..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Armed Forces (Special Powers) Act, 1958, Section 6, Criminal Procedure Code, 1973, Section 197(2)- - Sanction of Central Government for prosecution - Requirement - Accusation made in charge-sheet and averments made in army affidavit does not indicate any relation or nexus of incident with exercise of power under the 1958 Act - Held, protection u/s 6 of the 1958 Act would be available only in..........

Showing : 6381-6390 of 14704 Results