Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 462 -- Dishonour of cheque - Complaint - Wrong territorial jurisdiction - Effect - Held, S.462 Cr.P.C. says that no proceedings in a wrong place shall be set aside unless it appears that such error has occasioned a failure..........
Criminal Procedure Code, 1973, Section 195,340,239, Indian Penal Code, 1860, Section 177,181,182,195 -- Offence u/s 177, 181, 182 and 195 IPC - FIR lodged by a private person - Plea that it can be lodged only by Court - Provision of S.195 Cr.P.C. is not applicable to offence u/s 195 IPC - Provisions of Ss.195 & 340 Cr.P.C. not applicable to offence u/ss 177 and 182 IPC -..........
Indian Penal Code, 1860, Section 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, Criminal Procedure Code, 1973, Section 195(1) -- Offence if covered u/ss 172 to 188 IPC then police has no power to register and investigate the case without prior permission of concerned Magistrate...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177, 178, 181(4) -- Demand of dowry - Jurisdiction - Court at place where demand of dowry was made and threatenings were given by telephone has jurisdiction to try the offence u/ss 498-A and 406 IPC...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 181, 182, 177 -- Respondent No.2 alleged that petitioner No.2 made false statement and gave false affidavits in Court - On the complaint filed by Respondent No.2 Court could not have taken any cognizance - Magistrate could not summon petitioner No.2 for offences u/ss 177, 181 & 182 IPC as he could..........
Criminal Procedure Code, 1973, Section 177, 178, 181, 407 -- Transfer of case from one P.S. to another P.S. - High Court transferred the investigation from one police station to another police station - Notice not issued to the informant - Held, that power of Court to interfere with an investigation is limited - Court cannot interfere with investigation at such an early..........
Criminal Procedure Code, 1973, Section 177, 181 -- Jurisdiction - Means the authority or power to entertain, hear and decide a case and to do justice in the case and determine the controversy - In absence of jurisdiction the court has no power to hear and decide the matter and the order passed by it would be a nullity...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177,178,179,180,181 -- Criminal - Dishonour of Cheque - Territorial Jurisdiction - Drawing of cheque, presentation of the cheque to the bank, returning the cheque unpaid by the drawee bank, giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177,178,179,180,181 -- Criminal - Dishonour of Cheque - Territorial Jurisdiction - Cheque issued in foreign country - Drawn on a bank in foreign country - Since the presentation of the cheque for encashment was at a place within the jurisdiction of a court in India in which complaint is..........
