Sick Industrial Companies (Special Provisions) Act, 1985, Section 14, Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 196, 228 -- Board or Appellate Authority under S.14 of Sick Industrial Companies Act shall be deemed to be a civil Court for the proposes of S.195 Cr.P.C. and every proceeding before the Board or the Appellate Authority..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195(1)(b), 340, 482 -- Perjury - Proceedings initiated for making false statement - Preliminary enquiry not held u/s 340 Cr.P.C. before filing the complaint u/s 193 IPC - Order taking cognizance on such complaint set aside...........
Indian Penal Code, 1860, Section 193 -- Statement of two witnesses recorded u/s 164 Cr.P.C. and lateron examined in Court - Witnesses subjected to lengthy cross examination but nothing could be elicited to discredit their statement-in-chief - Four years thereafter witnesses filed an affidavit giving different version and resiling from their previous statement on ground of..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 193, 211 -- Private person filed complaint for offence punishable u/ss 193 & 211 IPC - Court took cognizance of the same - In view of the provision of S.195(1)(b) of Cr.P.C. complaint not having been filed by Court, cognizance of the same could not have been taken - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193, 209, 419, 466, 468 -- Filing of civil suit in nick name - Even if nick name was to be given, the correct name will always be mentioned - When a grown up person goes to Court and files a suit, he will not file suit in his nick name - However, Court was not misled - It is only in glaring cases..........
Criminal Procedure Code, 1973, Section 193, 319 -- Summoning additional accused - Challan not filed against the petitioner - At the framing of charges against other co-accused on application of complainant cognizance taken against petitioner also and issued summons to them - Held that since trial has not begun the trial Court has jurisdiction to issue summons under Section..........
Criminal Procedure Code, 1973, Section 369, 193, 209 -- Additional accused - Power of Sessions Court to summon a person as additional accused at the stage of committal of case to it - Matter remanded to larger Bench in view of conflict of decisions...........
Criminal Procedure Code, 1973, Section 340, 195, Indian Penal Code, 1860, Section 193, 195 -- Perjury - Court cannot directly order prosecution - Court after holding preliminary inquiry if comes to the conclusion that there is a prima facie case and there is reasonable probability of conviction, should make a complaint in writing and forward to the first class Magistrate..........
Criminal Procedure Code, 1973, Section 193 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 (1) (iii), 3 (1) (v) and 3 (1) (x) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special court remains court of sessions - Special..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Criminal Procedure Code, 1973, Section 193 -- Cognizance - No specific provision regarding taking of cognizance under 1989 Act - Provisions of Cr.P.C. are applicable...........
