Showing : 41-50 of 2267 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B-- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence - Therefore,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers of High Court - Three conditions are to be fulfilled for interference u/s 482 Cr.P.C: (i) injustice which comes to light should be of a grave and not of a trivial character; (ii) it should be palpable and clear and not doubtful and; (iii) there should exist no other provision of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers of High Court - Court is only to be prima facie satisfied about existence of sufficient ground for proceeding against accused - For that limited purpose, Court can evaluate materials and documents on record, but it cannot appreciate the evidence to conclude whether materials..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 323, 427, 447, 506(2), 34-- Quashing of proceedings - Attempt to murder - Allegations in complaint coupled with statements recorded by Magistrate, shows necessary ingredients of offences u/ss 307, 323, 427, 447, 506(2) r/w 34 IPC - Power to quash proceedings is generally exercised when there is no material to proceed against..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and subsequent one,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482-- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent jurisdiction of High..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386, 482-- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 53(a)- - Quashing of order taking cognizance - Offence u/s 53(a) of the Act - Consumption of liquor has to be happen within State of Bihar as per S.53(a) of the Act - Whether charge that consumption of liquor has taken place within State of Bihar is made out are questions which need to be decided by..........

Showing : 41-50 of 2267 Results