Showing : 21-30 of 213 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that too prospectively..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside..........
PATNA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Recovery of 4 quintals of ganja - Samples were not prepared at the place of seizure, but when, how and by whom sample was prepared nowhere mentioned - No Malkhana register produced showing safe custody of seized Ganja - Procedure as prescribed by S.52-A of the Act, for preparation of inventory,..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1)-- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial Magistrate clearly reveals that deceased caught fire..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 190, 210-- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340, 341, 343-- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193-- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or not - High..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454-- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at preliminary..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 498A-- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by predecessor..........

Showing : 21-30 of 213 Results