Showing : 81-90 of 244 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973- - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Article 141- - Precedent - Prospective overruling - Doctrine of - Full Bench decision of HC pertaining to shifting of forum of trial of certain cases from Magistrate to Court of Sessions overruled by SC - Effect - Held, trial of cases that were sent back from Sessions Court to Court of Magistrate First Class..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173(2)-- Application for further investigation - Offence committed outside India - Trial commenced without previous sanction - Application for further investigation moved by complainant allowed by Magistrate - Held, in absence of sanction trial is invalid and hence order directing further investigation is..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326-- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be tried as summary trial only..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Trial - Production of documents - Rejection of application filed by petitioner/accused u/s.311 of Cr.P.C. for issuing direction to complainant to produce certain documents - It is not a case where adequate opportunity of cross-examining witness was not so afforded to..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Issuance of process - Recall of order - Whether order for issuance of process in stage of trial can be reviewed or reconsidered by Magistrate? - Held, issuance of process is a preliminary step in stage of trial - Such order is an interlocutory order - Magistrate does so only..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 219, 204-- Police investigating into offence and submitting report to Magistrate - Case exclusively triable by Session Court - All that Magistrate has to do at the stage of S.204 CrPC is to see whether on perusal of evidence there is "sufficient ground for proceeding" against accused and at this stage, he is..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Non bailable warrant pending against accused - Dismissal of complaint u/s.256 Cr.P.C. - Validity - Held, where complainant is represented by a pleader or by officer conducting prosecution or where Magistrate is of opinion that personal attendance of complainant is..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2)-- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only when summons or..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(5)-- Appeal against conviction - Suspension of sentence - Power of Court - Held, appellate Court may impose conditions while suspending sentence - Such power of imposing conditions is discretionary - There is no impediment to put applicant on terms, while suspending substantive sentence, like..........

Showing : 81-90 of 244 Results