Showing : 131-140 of 456 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173- - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Held, even if accused voluntarily at a later stage settles monetary claim that cannot be made a ground to quash criminal proceedings unless well established principles for exercise of power u/s 482 CrPC are made out...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Banking fraud - Quashing of criminal proceedings - Allegations if accepted in entirety are most likely to make out criminal offence alleged against accused - Held, proceedings cannot be termed as an abuse of process of Court and hence cannot be quashed...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420-- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil nature - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
National Investigation Agency Act, 2008, Section 13, 14, 19, 21, Criminal Procedure Code, 1973, Section 439, 482-- Bail - Jurisdiction of Special Court - Offences triable only by Special Court - Application for bail - Held, application is maintainable before Special Court and not before High Court u/s.439 or u/s.482 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation - Power of High Court - Held, Court can transfer an investigation from State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases - Such as where high officials of State authorities are involved or accusation..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 173, 482-- Transfer of investigation - Final report u/s.173(2) Cr.P.C. submitted before competent criminal Court - Allegations are only against then RDO who might have been transferred to various districts during past 15 years - Similarly various other police officials might have investigated case and it is..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Inherent jurisdiction - Can be exercised when there is no remedy provided in the Code of Criminal procedure for redressal of the grievance - It is well settled that inherent power of the Court can ordinarily be exercised when there is no express provision in the Code under which order impugned can..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 319, 397, 401, 482-- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Refund of deposit with Agency on one's own to avoid arrest - Stand on a different footing than deposit of money as a condition for bail - Held, S.482 Cr.P.C. could not have been exercised as action taken by appellant, a channelizing industry under Ministry of Commerce is absolutely an..........

Showing : 131-140 of 456 Results