Showing : 151-160 of 208 Results

KERALA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 256(1)-- Person appearing in Court in obedience of summons but does not deserve to be prosecuted on basis of a defective complaint or for some other strong reason - He should be acquitted at earliest stage of case, if complainant is absent...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 482, 173, 156-- Charge sheet submitted wherein some of the accused found not involved in the case - While taking cognizance summons also ordered to be issued against those accused - Nothing in the order taking cognizance that Court disagreed with the opinion of the Investigating Agency and therefore ordered..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 82-- Proclamation for appearance before Court - Summons issued - When summons returned unserved Court did not issue any warrant to arrest accused through concerned police - Order issuing proclamation, improper - Proclamation could only be issued after warrant is returned...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 235-- Dishonour of cheque - Sentence - Quantum - In summons case, no separate opportunity of hearing on the question of sentence is required to be given to the accused...........
KERALA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 73-- Non bailable warrants - Reasons for non service of summons should be recorded - No satisfactory evidence that police had taken effective steps to make arrest or to serve summons - Without following the procedure prescribed under Cr.P.C. the issuance of non-bailable warrants has to be deprecated...........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - It is not a case instituted otherwise than on complaint - Provisions of S.258 not attracted...........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay compensation for..........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 340-- Exparte divorce decree alleged to be obtained by furnishing false signatures of wife on summons - Signatures of wife taken in Court did not tally with that on summons - Held, merely for this reason husband cannot be said to have committed fraud in collusion with process server - Such fact by..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482-- Cognizance of offence taken and summons issued - Magistrate thereafter has no power to recall the summons and drop the proceedings - Remedy is to invoke S.482 Cr.P.C...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245-- Complaint u/s 138 Negotiable Instruments Act - Complaint is to be tried like summons case - Petition seeking discharge is not maintainable...........

Showing : 151-160 of 208 Results