Showing : 9481-9490 of 14704 Results

KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Final report - Procedure to be followed by magistrate - Held, when a final report is made by an officer of Police Station u/sub-s. 2 of S.173 of Code, if Magistrate is not inclined to take cognizance of offence and issue process, notice must be issued to complainant/first informant and opportunity..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 120B-- Territorial jurisdiction - Offence of conspiracy - A court trying an accused for an offence of conspiracy is competent to try him for all offences committed in pursuance of conspiracy irrespective of the fact that any or all other offences were not committed within the territorial jurisdiction...........
KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Final report - Submission of - Power of Magistrate - Held, Magistrate is not bound by opinion of investigating officer - He can disregard report and take view that there is sufficient ground for proceeding further and take cognizance of offence and issue process - If Magistrate decides to..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 177-- Territorial jurisdiction - Territorial jurisdiction of a court with regard to criminal offence is to be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed and the mere fact that FIR was registered in a particular State is not the sole..........
KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2), 156(3), 190, 200, 202-- Powers of Magistrate - Receipt of final report - Held, Magistrate can take cognizance on original complaint, where investigation u/s 156(3) was earlier ordered and record statement of complainant and witnesses as provided u/s 200 and can conduct an inquiry - In that inquiry Magistrate can direct..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d)-- Territorial jurisdiction - Getting job on basis of fake degree certificates - Fake certificates obtained from Ranchi University and getting job in Bombay - Court at Ranchi has jurisdiction where all records are available...........
KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2), 190, 200-- Second Complaint - Maintainability - Held, if Magistrate accepts report and drop proceedings after granting opportunity to complainant, though complainant can thereafter file a second complaint it will lie only if there was a manifest error or manifest miscarriage of justice in previous order or..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - High Court granting bail by a cryptic order showing complete non application of mind - Not sustainable...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 397(2), 438-- Order granting anticipatory bail - Revision thereagainst - Maintainability - Impugned order which finally granted anticipatory bail to respondent - Held, it shall not be interlocutory order of nature mentioned in S.397(2) of the Cr.P.C. - Therefore, revision petition is maintainable...........

Showing : 9481-9490 of 14704 Results