Showing : 1561-1570 of 4923 Results

CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 494-- Bigamy - Prosecution alleges that second marriage has been solemnized by applicant during subsistence of first marriage - No evidence on record that applicant ever performed a second marriage in accordance with customary rites so as to attract S.17 of Hindu Marriage Act, offence of which..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Contempt of Courts Act, 1971, Section 12, 15, Indian Penal Code, 1860, Section 19, 20, Contempt of Courts Act, 1971, Section 13(as, Commissions of Inquiry Act, 1952, Section 10A- - Sitting Judge of Supreme Court appointed Chairman of Enquiry Commission - Scandalous remarks against commission published in a news paper - Contempt of Court not made out - Commission is not a Court - Held, (i) Commission appointed under Act of 1952 is not a Court for the purpose of Contempt of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Signed by plaintiff, one of defendants and by counsel for plaintiff and defendants - Plea that compromise is not lawful as it was not signed by the parties but was signed by counsel for the parties not tenable in the absence of plea that act of counsel who signed the compromise was..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Quashing of conviction - Appellant convicted and sentenced to 6 months RI u/s.498-A IPC and S.4 of Dowry Prohibition Act - Parties entered into compromise - Held, even though parties have arrived at a compromise, order of conviction cannot be quashed on that ground because offences involved are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4-- Non-compoundable offence - Quashing of proceedings - Permissibility - Held, no, compoundable offences cannot be compounded by Court - While considering request for compounding of offences Court has to strictly follow the mandate of S.320 Cr.P.C. - It is, therefore, not possible to permit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439-- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application for bail u/s 167(2) Cr.P.C. dismissed on..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Supposes three things: (i) a physical power; (ii) a mental power and; (iii) a free and serious use of them - If consent be obtained by intimidation, force, mediated, imposition, circumvention, surprise or undue influence it is to be treated as a delusion and not as a deliberate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 1200 ML which is equivalent to 1092 gms. intoxicating liquid containing Codeine Phosphate - As per Schedule to NDPS Act 1000 gms and above of intoxicating liquid would be construed as commercial quantity - Recovery is marginally over and above commercial quantity - Petitioner is..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and also..........

Showing : 1561-1570 of 4923 Results