Showing : 1341-1350 of 5191 Results

JHARKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372- - Dishonour of cheque - Acquittal - Special leave to appeal - Appellant is complainant as well as victim - Availability of efficacious alternative remedy by way of statutory appeal under proviso to S.372 Cr.P.C. before Sessions Court - Held, special leave to prefer an appeal u/s.378(4) Cr.P.C...........
DELHI HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 138, 148-- Irrelevant questions in cross examination - Endeavour of defence to find inconsistency in the place of crime cannot be said to be irrelevant and disallowing such a question as irrelevant would seriously affect the defence of the petitioner...........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Evidence Act, 1872, Section 138, 148-- Cross examination - Very material question disallowed as irrelevant - Petition there against - Allowed - Petitioner allowed to cross examine the witness on the two questions...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A-- Dishonour of cheque - Offence by company - Marking of reference to BIFR u/s 15(1) of 1986, Act - Not a ground to discharge accused - As per S.22 of 1986, Act, there is no bar to institute complaint against company u/s 138 of 1881 Act - When no order was passed U/s 22-A of the Act directing not to..........
DELHI HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 138, 148-- Irrelevant questions in cross examination - Trial Court has discretion to disallow irrelevant questions - In exercising its discretion Court shall have regard to the considerations, viz. (1) Such questions are proper if they are of such nature that the truth of the imputation conveyed by them..........
DELHI HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 138, 148-- Irrelevant questions in cross examination - Cross examination is the main tool of an accused to test the veracity of the evidence of the witness and discredit his trustworthiness - However, this does not mean that trial Court will not exercise its discretion in disallowing irrelevant questions...........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Punjab Registration of Money Lenders Act, 1938, Section 3, 2(8)-- Dishonour of cheque - Complaint - Bar u/s.3 of Act of 1938 - Applicability - Held, S.3 of the Act of 1938 starts with non obstante clause making filing of any suit or any application for recovery of loan or execution of decree relating to loan by money lender to be not maintainable unless money..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 4, 5-- Dishonour of cheque - Complaint - Special procedure - Held, Ss.4 and 5 of Cr.P.C. would clearly require special procedure prescribed under amended provisions of NI Act to take precedence over procedure prescribed under Cr.P.C. - It is only where provisions of Chapter XVII are silent as regards..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 4, 5-- Dishonour of cheque - Complaint - Procedure to be followed by trial Court - Direction issued...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque- Cognizance of offence - Challenge to - Cheque dishonoured on the ground that account was closed - Fact that account was closed, subsequent to giving of cheque, indicates petitioner's intention not to repay loan - Her intention to deprive complainant/respondent of her rightful..........

Showing : 1341-1350 of 5191 Results