Showing : 131-140 of 474 Results

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 - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 182-- Quashing of complaint - False information - Investigating agency has failed to show that appellant has given information which she was knowing and believing to be false but still gave the information to harass the respondent No.3. - Failure to make out a case u/s 182 IPC - Complaint u/s 182 IPC..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have title over the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307-- Attempt to murder - Compounding of offence - Held, only because FIR/Charge-sheet incorporates provision of S.307 IPC would not by itself be a ground to reject petition u/s 482 Cr.P.C. and refuse to accept settlement between parties - If High Court forms an opinion that provision of S.307 IPC was..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 320, 482-- Compounding of offence - Compounding u/s 320(1) Cr.P.C. is permissible only in minor offences or in no, serious offences - Likewise, when parties reach settlement in respect of offences enumerated in S.320(2) Cr.P.C. compounding is permissible but it requires approval of Court - In so far as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307- - Compounding of offence - Charge sheet filed - Evidence yet to be adduced - Long standing disputes between parties - Village elders made parties to compromise the matter - In view of settlement no witness likely to turn up to support prosecution - Chances of conviction appear to be remote - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - High court committed an error in quashing the complaint against respondent No.3 without hearing the appellant co-accused and without impleaded him as party in the writ petition filed by respondent No.3 as their alleged roles are interconnected - Held, There is clear..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Non-compoundable offences - Quashing proceedings - Exercise of power by High Court - Principles laid down...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Scope - While dealing with petition u/s 482 Cr.P.C., it is necessary to consider as to whether the allegations in complaint prima facie make out a case or not and Court is not to scrutinize the allegations for the purpose of deciding whether such allegations are likely to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420-- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly invoked its power..........

Showing : 131-140 of 474 Results