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Brijeshwar Jaiswal Vs. Sebi

Court : Delhi

..... the respondent no.1, in the reply to the petition, has stated that the nature of the offence is commission and omissionwherein the company sponsored and caused to be sponsored collective investment schemes without obtaining registration and failed to file the statutory report with sebi as prescribed in regulation 73 of sebi cis regulations 1999. 8. ..... the provision has further widened the scope by stating that in case wherein the offence was committed partly in one local area the court either of the localities can exercise jurisdiction to try the case. ..... section 178 of the code suggests that if there is uncertainty as to where, among different localities, the offence committed, the trial can be held in a court having jurisdiction over any of those localities. ..... counsel for the respondent no.1 has asserted that the offence committed by the petitioner/accused is act of omission and commission whereby the accused have failed to comply with statutory provisions. ..... under section 177 of the code every offence shall ordinarily be enquired into and tried in a court within whose jurisdiction it was committed. ..... appeal no.220/2010 in the case titled as ankur forest and project development india ltd. ..... hence the difficulty to fix up any particular locality as the place of occurrence for the offence under section 138 of the act. 20. .....

Seesh Pal vs.state

Court : Delhi

..... ms.kusum dhalla, learned app representing the state has, however, supported the judgment of the learned trial court, convicting the appellant for committing the offence punishable under sections 363/376/302/201 ipc and the sentence awarded thereunder, on the plea that when the police party raided the native place of the appellant, he was not found ..... of the above, we clarify that the sentence of imprisonment for life awarded to the appellant for the offence under section 376(2) ipc shall mean and be enforced as imprisonment for the remainder of his natural life ..... the appellant was seen leading the police party for recovery of the dead body, the appellant was given notice to submit why the life imprisonment awarded to him for committing the offences punishable under sections 376 ipc and 302 ipc should not mean the rest of his life. ..... before the supreme court was whether the order of the trial court and upheld by the high court for the offence punishable under section 376(f)/302/201 ipc shall run consecutively . ..... it has been further contended that if a substantial punishment for the offence has been given by the trial court, after taking due regard to all the relevant circumstances, there should be no interference by an appellate court to the detriment of an accused, especially when there is ..... court has awarded life imprisonment to the appellant for committing the offences punishable under section 376 ipc and 302 ipc.54. ..... cries could not be heard by anyone in that lonely thick forest.53. .....

Vishnu Prakash Bajpai Vs. Securities and Exchange Board of India

Court : Delhi

Reported in : [2010]154CompCas147(Delhi)

..... under section 482 of code of criminal procedure, the allegations made in the complaint have to be taken as correct and on their face value and if on consideration of the allegations it appears to the high court that ingredients of the offence or offences alleged to have been committed by the petitioners are made out and there is no material to show that the prosecution is mala fide, frivolous or fictitious, it would not be appropriate for it to interfere with the prosecution, in exercise ..... contravened the provisions of sebi act by not refunding the money collected by it from the persons who had invested money in its collective investment schemes and this offence is a continuing offence till the time the company complies with the regulations and directions issued by sebi by refunding the money to the investors. ..... and the categories of cases where the high court may exercise power under it, relating to cognizable offences, to prevent abuse of process of any court or otherwise to secure the ends of justice were set out ..... the offence punishable under sebi act by company in question, namely, fair deal forests limited, was committed for the first time much after the petitioner had ceased to be a ..... (india) limited at any point of time since the time offence punishable under sebi act was committed for the first time by ..... if the allegations made in the fir disclose commission of an offence, the court shall not go beyond the same and pass an order in favour of the accused to hold absence of any .....

Harman Electronics P. Ltd. Vs. National Panasonic India Ltd.

Court : Delhi

Reported in : II(2004)BC535; 110(2004)DLT138; 2004(73)DRJ307

..... counsel submits that majority of the acts which are necessary to constitute the offence were done in chandigarh, even notice sent from delhi was received in chandigarh, thereforee, the delhi courts had not jurisdiction to try a complaint under section 138 of the negotiable instruments.3. ..... it is an idle exercise to raise jurisdictional question regarding the offence under section 138 of the act. ..... 'having heard counsel for the parties and also having perused the judgment under challenge, i hold that the judgment of the supreme court is applicable in all forest in this case. .....

S. Avtar Singh Vs. State of Nct of Delhi and anr

Court : Delhi

..... keeping in view the aforesaid facts, this court is of the prima facie view that the offence for non-registration of collective investment scheme floated by the petitioner was complete in march, 2000 itself. ..... rajiv shukla, learned counsel for the petitioner submits that the alleged offence was committed on 12th july, 2002 when sebi issued a letter directing m/s. g.p. ..... forest development india ltd. .....

R.K. Gogna Vs. Union of India and ors.

Court : Delhi

Reported in : 2001(60)DRJ505

..... attention, in particular, is invited to para 432 of the regulations for the army, 1962, which stipulates that 'persons committing offences involving moral turpitude, fraud, theft, dishonesty and culpable negligence involving financial loss to public or regimental property must be tried by a court martial or prosecuted in ..... it was also alleged that the petitioner knowing or having reason to believe that an offence had been committed with an intention of screening the offenders from legal punishment, caused suppression of the evidence in this respect and thereforee, the facts and circumstances as brought out in the said court ..... in view of the foregoing, there should be no occasion for offence involving moral turpitude, misappropriation, financial or other offences of serious nature being dealt with by award of censure when disciplinary action ..... a person subject to the army act, who has been acquitted or convicted or an offence by a court-martial or by a criminal court, is not liable to be tried again for the same offence by a court-martial. ..... of abetting an offence specified in section 379 of ..... informed that from the records of the court of enquiry it was revealed that a vehicle - shaktiman from the brigade headquarters of the petitioner was used for removal of wood from the government forest. ..... was under section 45 of the army act for behaving in a manner unbecoming of his position and the character expected of his and one under section 69 of the army act for committing civil offence i.e. .....

Devinder Singh Vs. State

Court : Delhi

Reported in : ILR1970Delhi114

..... devinder singh, appellant in the said crimianal appeal, was convicted for an offence under section 302, indian penal code, by shri rajinder nath aggarwal, sessions judge, sirmur, bilaspur and simla districts, and was sentenced to death, by his judgment, dated 27-3-1968. ..... the charge framed against devinder singh was as follows : 'thatyou, on or about 24th day of april, 1966 in the evening at khameri forest, near kosrian village, intentionally caused the death of your wife mst. ..... piaro alias piar kaur by beheading her and thereby committed an offence punishable under section 302 of indian penal code and within the cognizance of the court of sessions, bilaspur. ..... immediately after the murder and the accused sets up a palpably false defense that he did nto know the deceased and was never in her company, these facts and circumstances are sufficient to bring the offence of murder home to the accused. ..... '(19) in pershadi's case, on a difference of opinion between desai and mahrotra jj, agarwala j, on the facts of that particular case, held that the circumstances established by the prosecution were sufficient to hold that the accused was guilty of the offence of murder. .....

Brij Mohan Vs. State

Court : Delhi

..... i consider that it would not be appropriate for this court to analyse the statement of the witnesses recorded before the trial court at this stage and come to conclusion whether the commission of offence has been proved against the applicant or not as it will prejudice the interests of applicant. .....

Sunil Shakt Vs. State

Court : Delhi

Reported in : 94(2001)DLT495

..... during investigations it was found that petitioner in pursuance of a criminal conspiracy received public funds, misappropriated them through personal bank accounts, created non-functional firms like fintra resorts limited, fintra agro forests limited, fintra capital services limited and fintra securities limited. .....

Directorate General of Central Excise Intelligence Vs. Brijesh Kanodia

Court : Delhi

..... v chaitanyakumar air 1992 sc 1930, the supreme court observed, "the investigation into an offence is a statutory function of the police and the superintendence thereof is vested in the state government and the court is not justified without any compelling and justifiable reason to interfere with the investigation". ..... in state of bihar v j.a.c saldanha air 1980 sc 326 (full bench), the supreme court observed, there was a clear cut and well demarcated sphere of activity in the field of crime detection and crime punishment and investigation of an offence was in the field exclusively reserved for the executive. ..... it must be left to the investigating agency to decide the venue, the timings and the question and the manner of putting such questions to person involved in such offences. ..... 1985 sc 1668 (full bench), the supreme court observed, "save in exceptional case where non-interference would result in miscarriage of justice, the court and the judicial process should not interfere at the stage of investigation of offences. ..... the superintendent over which vests a state government, the role of the courts start only once the investigation is complete and investigating officer submits report to the court and requests court to take cognizance of the offence. .....