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Japahari Vs. N.S. Priya and anr.
Kerala
Jul-02-1993
CommercialCriminal
Negotiable Instruments Act, 1881 - Sections 118 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
[1999]96CompCas818(Ker)
- bouncing of cheques - Sections 118 and 138 of Negotiable Instruments Act, 1881 and Section 482 of Criminal Procedure Code, 1973 - complaint against husband under Section 138 - petition - petitioner-husband wants complaint to be quashed under … process to the petitioner. Now, the petitioner wants to have the complaint quashed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code').2. The complaint shows that a post-dated cheque was issued by
Tag this Judgment! AI Brief & AskK.A. Prakash Rao Vs. Smt. U. Indira Devi and ors.
Andhra Pradesh
Jul-17-2006
Criminal
Negotiable Instruments Act - Sections 118, 138 and 139; Evidence Act - Sections 3 and 118; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 378(4) and 391(1)
II(2007)BC366
by judgment dated 02.04.1998. Hence this criminal appeal by the complainant under Section 378(4) of the Code of Criminal Procedure, 1973.5. Heard the learned Counsel for the parties.6. Sri. M.N. Narasimha Reddy, learned Counsel appearing for the appellant/complainant … Hence this criminal appeal by the complainant under Section 378(4) of the Code of Criminal Procedure, 1973.5. Heard the learned Counsel for the parties.6. Sri. … appellate Court failed to note the presumptions under Section 138 of the Negotiable Instruments Act as well as Section 118 of the Evidence Act and thereby erred in recording a finding that the appellant/complainant failed to discharge the
Tag this Judgment! AI Brief & AskMrs. Sarojini Ramaswami Vs. Union of India and Others
Supreme Court of India
Aug-27-1992
ConstitutionCriminal
Constitution of India - Articles 21, 32, 61, 67, 70, 94, 118, 119, 121, 122(1), 124(4), 124(5), 136, 141, 218, 226, 317 and 365(1); Judges (Inquiry) Act, 1968) - Sections 3, 4 and 6(1); Judges (Inquiry) Rules, 1969 - Rules 6, 9, 10(2) and 16; Parliamentary (Judges) Commission of Inquiry Act, 1988; Punjab Welfare Officer Recruitment and Conditions of Service Rules, 1952; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 5 and 25N; House of Comons (Redistribution of Seats) Act, 1979; Enquiry Rules, 1969; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Code of Civil Procedure (CPC) , 1908 - Sections 9
AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108
is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to … prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest … is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to assail … might place it before Parliament when in session. Recourse to such a procedure would not only be in violation of my Constitutional right to receive … removal of a Judge. Rules made under Article 118 have no application in this field.Article 124(5) has
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Atlaz Degi-tel Pvt. Ltd. and ors. Vs. Atlaz Technology Pvt. Ltd. and a ...
Mumbai
Nov-29-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 227; Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; Arbitration and Conciliation Act, 1996 - Sections 11
2002(3)BomCR70; 2002BomCR(Cri)325
of these matters, there shall be no order as to cost. Criminal - rebuttal - Section 482 of Criminal Procedure Code, 1973, Article 227 of Constitution of India, Section 118, 138 and 139 of Negotiable Instruments Act, 1881 and … the petitioners. It is, therefore, contended that this Court should exercise its jurisdiction under section 482 of the Code of Criminal Procedure to prevent the abuse of process of Court by the respondent No. 1. He had
Tag this Judgment! AI Brief & AskSmt. Devamma Vs. A.R. Raghu
Karnataka
Nov-17-2003
Criminal
Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 482
III(2004)BC167; [2004]121CompCas322(Kar); 2004CriLJ1357; ILR2004KAR1099; 2004(2)KarLJ244
Court.Any observation made by this Court in the course of this order, shall not prejudice any side. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTION 482 -- NEGOTIABLE INSTRUMENTS ACT, 1881 -- SECTIONS 118 … made by this Court in the course of this order, shall not prejudice any side. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTION 482 -- NEGOTIABLE INSTRUMENTS ACT, 1881 -- SECTIONS 118
Tag this Judgment! AI Brief & AskBadi Guravaiah Vs. State of Andhra Pradesh
Andhra Pradesh
Jul-14-1993
Criminal
Indian Penal Code (IPC), 1860 - Sections 302 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act - Sections 118; Oaths Act - Sections 5
1994(2)ALT261; 1994(2)ALT(Cri)125; 1993CriLJ3496
Appeal dismissed. Criminal - murder - Sections 302 and 324 of Indian Penal Code, 1860, Section 313 of Criminal Procedure Code, 1973 and Section 118 of Indian Evidence Act - appeal filed against conviction of appellant under Section 302 … Sessions Judge are confirmed. 15. Appeal dismissed. Criminal - murder - Sections 302 and 324 of Indian Penal Code, 1860, Section 313 of Criminal Procedure Code, 1973 and Section 118 of Indian Evidence Act - appeal filed
Tag this Judgment! AI Brief & AskState Vs. Holi Ram
Delhi
Jan-27-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 378 and 378(3); ;Indian Penal Code (IPC), 1860 - Sections 302; Evidence Act - Sections 118
111(2004)DLT495; 2004(74)DRJ460
who appeared as amices curiae for the respondent. Criminal - murder - Sections 378 and 378 (3) of Criminal Procedure Code, 1973, Section 302 of Indian Penal Code, 1860 and Section 118 of Evidence Act - appeal against acquittal … D.K. Jain, J.1. In this leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (Cr.PC for short), the State seeks to question the legality of the judgment of
Tag this Judgment! AI Brief & AskSanjay Ramchandra Tarare Vs. the State of Maharashtra
Mumbai
Jul-03-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302 and 326; Code of Criminal Procedure (CrPC) , 1973 - Sections 374(2); Evidence Act - Sections 118
1996CriLJ713
Indian Penal Code, 1860 , Section 374 (2) of Criminal Procedure Code, 1973 and Section 118 of Indian Evidence Act, 1872 - appeal against conviction … B.U. Wahane, J.1. The appellant/accused Sanjay Ramchandra Tarare, preferred this appeal under section 374(2) of Criminal Procedure Code, challenging the impunged judgment and order passed by the Additional Sessions Judge, Nagpur, in Sessions Case No. 746/90, … Sanjay Ramchandra Tarare, preferred this appeal under section 374(2) of Criminal Procedure Code, challenging the impunged judgment and order passed by the Additional Sessions Judge, … what statement is to be given before the Police ?' The boy answered 'No.' 15. The provision of Section 118 of the Evidence Act clearly lays down that the child is competent to testify provided he understands the
Tag this Judgment! AI Brief & AskB. Kariyappa Vs. Land Tribunal
Karnataka
Jul-21-1988
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 145 and 149; Karnataka Land Reforms Act, 1961 - Sections 118(1A)
ILR1989KAR671; 1988(3)KarLJ365
the Land Reforms Appellate Authority shall pass the consequential order relating to the value of the crop. (A) CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 149 - Scope - Police Officer cannot attempt to … Reforms Appellate Authority shall pass the consequential order relating to the value of the crop. (A) CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 149 - Scope - Police Officer cannot attempt to … ACT, 1961 (Karnataka Act No. 10 of 1962) AS AMENDED - Section 118(1A) - Appellate Authority has jurisdiction to pass consequential order relating to value
Tag this Judgment! AI Brief & AskLeo Granex Vs. Pavillion Granites and ors.
Karnataka
Jan-27-2009
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 118 and 138 to 147; Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 244 to 251, 259, 260(2), 262 to 265, 397 and 401; Indian Penal Code
ILR2009(4)KAR4062
try cases summarily:(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Chapter shall be tried by a judicial magistrate … required and also because her application was still pending consideration.10. Referring to the scheme of the Code of Criminal Procedure, particularly the provisions of Sections 244 to 251, he submits that if the procedure prescribed under the Code … may proceed to re-hear the case in the manner provided by this Code for the Trial of warrant-cases and may recall any witness who may … safe footing in view of certain legal presumptions available in his favour and against the accused. Like in Section 118 of the Act, there is a presumption that the cheque was issued by the drawer after passing of
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