Showing : 31-40 of 64 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 303, Constitution of India, 1950, Article 21, 22(1)-- Criminal appeal - In absence of counsel for whatever reason appeal not to be decided forthwith against accused - Court to appoint another counsel as amicus curaie - If on the next date of hearing his counsel appears but does not show sufficient cause for his non appearance on the earlier date,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 436, 436A, 437(6)-- Bail in bailable offence - Subsequent bail when accused jumps bail - Law governing grant of bail summarised viz: (i) Every accused of an bailable offence has legal right to be enlarged on bail and if he fails to furnish the bail within a week is entitled to be released on personal bond; (ii) No..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant and for no, prosecution - Challenge thereto - Steps for summoning respondent were not taken by complainant - Complaint was dismissed for non appearance of complainant and for no, prosecution as costs was not paid and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 498A-- Transfer of case from one State to another - Charge sheet filed u/s 498-A IPC - Criminal case cannot be transferred merely on the ground that it would be more convenient for the wife to prosecute the matter there - Transfer of a criminal case as compared to a civil case is on a different..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2), 71-- Dishonour of cheque - Absence of accused - Issuance of non bailable warrants - Accused regularly attended trial from 17.07.2004 to 27.07.2007 - On 27.07.2007 accused had to go to Jaipur all of a sudden without seeking exemption of appearance from the court - As such petitioner could not attend..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non appearance of complainant - Magistrate may close the complaint which does not amount to acquittal of the accused - In the instant case representative of the complainant could not appear due to illness - Order dismissing the complaint set aside - Complainant given a chance..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 71, 72, 73, 87, 89-- Non bailable warrants - Power to issue the same - Held - (a) Issuance of non bailable warrants involves interference with personal liberty, hence to be issued sparingly; (b) Non bailable warrants to be issued to secure the presence of a person only when summons or bailable warrants unlikely to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 256-- Non-appearance of complainant - Dismissal in default - Held, two constraints are imposed upon Court for exercising powers u/s 256 Cr.P.C. - Firstly, if Court thinks it proper to adjourn hearing then Magistrate shall not acquit accused - Secondly, when Magistrate considers that personal attendance..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default for non appearance of complainant, when complaint was fixed for summoning of accused - If presence of complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be proper - Impugned order set..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non appearance of complaint - Acquittal of accused - Proprietary of - At the time of acquittal of accused by invoking provision of S.256 CrPC, NBW was pending against accused - Held, presence of complainant was not necessary - It is the duty of the Court to see that NBW was..........

Showing : 31-40 of 64 Results