Showing : 91-100 of 205 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheque not presented within validity period of six months - No offence made out - Summons issued liable to be quashed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 70, 71, 476-- Failure to appear on date fixed - Non bailable warrants issued in a bailable offence - Accused a practicing advocate - Having regard to the nature of offence and stature of accused in society and fact that he was regularly attending court proceedings, it was not a fit case for issuance of non..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 233-- Defence evidence - Long list of 19 witnesses - Not disclosed as to what fact, each of them is supposed to depose - Before issuing summons to defence witnesses, trial Court has to ensure that witnesses so summoned are relevant for disposal of the case...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 233-- Defence evidence - Dasti summons - Prosecution is given liberty to serve summons through agency of police then same facility cannot be denied to accused - Court cannot compel defence to obtain dasti summons from the Court and serve the same themselves - When an application for summoning is moved..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 202-- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105-- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution of warrants -..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Issuance of non bailable warrants at the first instance - Deprecated - Court in the first instance should issue summons and only thereafter should issue bailable and thereafter non bailable warrants in case of failure to appear...........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 91, 173-- Summons to produce documents - Complaint u/s 13 of Official Secretes Act - Petitioner moved application u/s 91 Cr.P.C. for summoning of reports/final reports prepared by erstwhile Investigating officer - Prayer in application was not for supply of documents relied upon by prosecution - Application..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262- - Dishonour of cheque - Adoption of summons case procedure instead of summary trial - Held, it is incumbent on all Magistrates to commence proceedings in respect of offences u/s.138 of N.I. Act by adopting summary trial procedure contemplated u/s.262 of Cr.P.C. - Adoption of procedure contemplated..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 293, 294-- Accepting report of Forensic Laboratory without compelling author of report to come and depose in Court - Author of report was issued summons and he failed to attend Court - It is nobody's case before court below that report could raise doubt in mind of court and further clarification was required..........

Showing : 91-100 of 205 Results