Showing : 91-100 of 1005 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 193, 82-- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Applications for summoning of witnesses - Grounds urged in both the applications for summoning of persons as witnesses are not liable to be accepted under any circumstance - No material on record to suggest that any payment was made by accused to said witness - Moreover, any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the complainant - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420-- Quashing of summoning order - Perusal of complaint and material available on record make out a prima facie case against accused - There appear to be sufficient ground for proceeding against accused - No justification to quash the complaint or the summoning order...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of order - Order taking cognizance of offence - Petitioners contended that since summoning order was not passed, therefore, there cannot be a direction to petitioners to appear before CJM concerned - However, Magistrate after satisfying itself not passed summoning order on the pretext..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Police submitted negative final report against petitioner and matter was kept pending u/s 173(8) Cr.P.C against petitioner no.2 - No overt act was assigned to petitioners in the statements of witnesses - More so, all injured witnesses not examined so far - Since..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 336-- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 68-- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of witness - Trial Court has power to summon any person as a witness, if his evidence appears to be essential to just decision of case - This power to summon, recall or re-examine any witness can be exercised at any stage of trial proceedings...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of witness as Court witness - Murder case - Summoning of brother of deceased on the plea that accused is falsely implicated - Accused relies upon recorded conversation between brother of deceased and mother of accused, wherein he is alleged to have threatened mother of accused and asked..........

Showing : 91-100 of 1005 Results