Showing : 2421-2430 of 3532 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 378-- Judgment of acquittal - Reversed by High Court - View of trial Court cannot be said to be a view which was not possible to be taken - Judgment of conviction by High Court set aside...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2)-- Dishonour of cheque - Company - Conviction of company and A2 - Company sentenced to pay fine of Rs.25, 000/- - A2 was sentenced to suffer imprisonment for one month - A2 also directed to pay compensation of Rs.15 lacs to the complainant - Appeal against - Appellate Court while admitting appeal..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2)-- Dishonour of cheque - Fine and compensation - Distinction between sub-sections (1) and (3) of S.357 Cr.P.C. - Magistrate cannot award compensation in addition to fine - Compensation cannot be recovered forthwith unless period of appeal expires - There is no reason as to why the amount of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Public servant - Sanction for prosecution - Provision of S.19 Prevention of Corruption Act and S.197 Cr.P.C. operate in conceptually different fields - Case covered under Prevention of Corruption Act, in respect of public servants, the sanction is of automatic nature and..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 357(2)-- Doctrine of Purposive Interpretation - Stay of order of compensation during appeal - Sub-S.(2) of S.357 was enacted for a definite purpose - It must be given its full effect - The amount of compensation not only must be reasonable one, the conditions for suspending the sentence should also be..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 357-- Compensation - Cannot be awarded in addition to fine - When fine is imposed, private party has no right to insist that compensation may be awarded to him out of the amount of fine - The power to award compensation under S.357(3) is not an ancillary power - It is an additional power...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - For exercise of discretionary jurisdiction Court must arrive at the satisfaction that there exists a possibility that accused so summoned is in all likelihood would be convicted...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Not ante date merely for the reasons that occurrence took place on 27.6 whereas Magistrate committed an error in putting the date 26.6 as occurrence took place on 27.6 in the morning and all material witnesses were examined by I.O. that very day and post mortem examination held at 3 p.m. on..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Joint Commissioner of Police - Offence u/s 120-B, 216, 218, 221 IPC and u/s 3(2), 3(5) and 24 of MCOC Act and u/s 7 and 13(1)(d) of Prevention of Corruption Act - Appellant found involved in counterfeit stamp case where principal accused was one Telgi - Bail application rejected by High..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 11(1)-- Special Court of Judicial Magistrate - Constitution of - Notification entrusting trial/enquiry of certain crime numbers - Notification issued by State Govt. without consultation with the High Court - Non inclusion of dispute crime number in notification - A technical mistake on part of State Govt...........

Showing : 2421-2430 of 3532 Results