Showing : 51-60 of 244 Results

PATNA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 323, 26-- Case and counter case - Trial be conducted by same Court, Irrespective of its nature - Case triable by Magistrate can even be tried by Court of Session in terms of power being entertained by the Court of Session according to S.26 of the Code...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 326(3)-- Summary trial - Conviction or commitment on evidence partly recorded by one judge and partly recorded by another judge, would not be affected by change in Judge/Magistrate - However, provisions of S.326(1),(2) Cr.P.C. would not be applicable to summary cases or to cases in which proceedings have..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 306(4)(a)-- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 454, 380, 75-- Offence u/ss 454, 380, 75 IPC - Accused questioned by Magistrate on the same day on which he furnished the documents u/s 207 Cr.P.C. to accused - Accused also deprived of engaging a counsel of his choice - More so, Magistrate neither followed the procedure of summary trial nor procedure of summons..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor recorded any reasons..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32-- Murder - Cruelty - Two dying declarations - Deceased stated before doctor that her mother-i, law and brother-i, law poured kerosene oil on her body and set her on fire while her husband was not there - Second dying declaration was recorded by Executive Magistrate after 4 hours of first dying..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262-- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the..........

Showing : 51-60 of 244 Results