Showing : 1-10 of 2805 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(N)-- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(D), 376(2)(n), 376, 292, 120B, 506, Information Technology Act, 2000, Section 67A-- Bail during pendency of appeal - Offence u/ss 376(D), 376(2)(n), 376, 292, 120-B, 506 IPC and S.67-A of I.T Act - Statement of victim reveals a promiscuous relationship and sexual encounters with all the three accused persons over a period of time - Allegations of victim regarding her being..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Sanctioning of a scheme u/s 391 Companies Act - Does not have the effect of creating new debt - The scheme simply makes the original debt payable in a manner and to the extent provided for in the scheme - Offence which has already been committed prior to the scheme does not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Compounding and quashing - Difference - Quashing of a case is different from compounding - In quashing Court applies it but in compounding it is primary based on consent of injured party - Two cannot be equated...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 114, 115, 116, Criminal Procedure Code, 1973, Section 181(4)-- Bill of exchange - Non payment - Territorial jurisdiction - Bill of exchange issued - Payment of bill of exchange not made dishonestly - Held, Court where holder of bill of exchange was residing has jurisdiction to hold trial of complaint u/s 181(4) of Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act is compoundable - But in order to make the offence compoundable the mode and manner of compounding such offences must be followed...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Offence u/s 138 of the Act is compoundable - Over-rides S.320(9) Cr.P.C. - That does not mean that it obliterate all statutory provisions of S.320 Cr.P.C. relating to mode and manner of compounding of an offence - In view of S.4(2) Cr.P.C., the basic procedure of compounding..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is not automatic on sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is always controlled by statutory provision - There are various features in the compounding of an offence..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount Rs.2 lakhs - Accused convicted and sentenced to one year SI and to pay a fine of Rs.5, 000/- and accused further directed to pay compensation of Rs.2.20 lakhs to the complainant - Accused deposited the amount of Rs.2.20 lakhs - Accused aged 51 years of age and a..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Two partners - Death of both the partners - Constitution of new firm consisting of son of deceased partner and his mother - Held, new firm is not liable u/s 138 of the Act - Plea regarding new firm inheriting assets and liabilities of the erstwhile firm is..........

Showing : 1-10 of 2805 Results