Showing : 121-130 of 295 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307-- Compounding of offence - Offence u/s 307 IPC not established - Compromise arrived at between parties is genuine and without any pressure or coercion - No useful purpose would be served by continuing criminal proceedings - Proceedings quashed...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 320-- Quashing of proceedings - Non-compoundable offences - Power of High Court u/s 482 Cr.P.C. - Held, High Court can exercise its inherent power to quash proceedings in respect of no, compoundable offences on the ground that parties have settled disputes among themselves - But this principle cannot..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 320-- Compromise - Once parties settled their all disputes through medium of compromise, then subsequently, lodging of FIR with regard to same subject matter would amount to deep misuse or abuse of process of law...........
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-- 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 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 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 320, 482-- Compounding of offence - Quashing of FIR - Petition for quashing of FIR on the basis of alleged compromise - It is not in dispute that petitioner No.4 is a proclaimed offender - Held, since this petition for quashing of FIR has been filed on behalf of a proclaimed offender, who is not submitting..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 320-- Non-compoundable offences - Quashing of proceedings - Exercise of inherent powers - No due certificate issued by respective banking authorities would go to show that the balances, which were due to respective banks were paid and settled by way of one time settlement scheme and hence second..........

Showing : 121-130 of 295 Results