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...Cement Co. Ltd. v. Keshvanand (1998) 1 SCC 687 it has been held by this Court that the complainant has to be a corporeal person who is capable of making a physical appearance in the court. It has....”15. In the case of Maruti Udyog Ltd. v. Narender (1999) 1 SCC 113 this Court has held that, by virtue of Section 139 of t...(1998) 3 SCC 249. It has been held that even though the cheque is dishonoured by reason of “stop-payment” instruction an offence under Section 138 could still be made out. It is held that the...
...(1998) 1 SCC 687, AIR 1998 SC 596.6. We may, at the outset, notice that before passing the impugned order, the High...Section 256(1) of the Code of Criminal Procedure stating:“The complainant absent. No representation for several hearings. The accused present. Petition under Section...256(1) CrPC is allowed. The complainant continuously absent from the hearing date 3-3-2005. Hence, the complainant called three times. Neither the complainant nor his counsel represent before the court...
...Associated Cement Co. Ltd. v. Keshvanand (1998) 1 SCC 687, this Court held: (M.M.T.C Ltd. case (.... In M.M.T.C Ltd. v. Medchl Chemicals & Pharma (P) Ltd. (2002) 1 SCC...(2005) 2 SCC 217)“13. Order 3 Rules 1 and 2 CPC empower the holder of power of attorney to ‘act’ on behalf of the principal. In our view...
...Court of India in Associated Cement Company Limited v. Keshvanand, (1998) 1 SCC 687 : ...the Apex Court in the decision reported in (1998) 1 SCC 687 : AIR 1998 SC...1. These appeals against acquittal are preferred by the complainant in C.C Nos. 5370 and 5371 of 1998 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai-1...
...(1998) 1 SCC 687) : (1998 Cri LJ 856) Associated Cement Co. Ltd. v. Keshvanand)...reported in (1998) 1 SCC 687 : (1998 Cri LJ 856) Associated Cement Co. Ltd. v...that the Magistrate had ordered issuance of process on 7-8-1998 and the matter was adjourned to 16-1-1998 it was for the complainant to look after his case, to process the matter and see that the...
....17. We are fortified in our view by two decisions of this Court. In Associated Cement Co. Ltd. v. Keshvanand (1998) 1 SCC ...not. This is the unambiguous mandatory procedure prescribed under Section 200 CrPC.”Consequently, by order dated 12-1-2007, the High Court allowed the petition...as defined in Section 617 of the Companies Act, 1956 (1 of 1956).”Having regard to the aforesaid definition, it is clear that the appellant which is a...
...the following observations made in Associated Cement Co. Ltd. v. Keshavanand, (1998) 1 SCC 687, with approval...(Cri) (SC) 67 : (2009) 1 SCC 407, learned Counsel for the petitioner has strenuously contended that examination of the complainant...1. Arguments heard.This is a petition, under section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code”), for quashing...
...by the Supreme Court in Associated Cement Company Ltd. v. Keshvanand ((1998) 1 SCC 687) and considering the above facts, I am inclined to...after few postings, the case stood posted to 11.07.2014 On that day, the complainant was absent. Hence the Court below acquitted the accused invoking Section 255(1) of the Cr.P.C This is assailed in...
...Court in Associated Cement Co. Ltd. v. Keshvanand (1998) 1 SCC 687; S. Anand v...to cross-examination. On 26.10.2017, the learned counsel for the accused made a statement before the learned Magistrate that the cross-examination of CW-1 (the complainant), as made in the above three...learned counsel for the appellant submitted that the learned Magistrate while dismissing the complaints for non-prosecution lost sight of the proviso to sub-section (1) of Section 256 of the Code. It is...
.... Keshvanand reported in (1998) 1 SCC 687. On similar facts their Lordships of the Supreme Court held that “dismissal of the complaint on the non-appearance of the complainant and acquitting the accused by the...This Criminal Appeal has been directed against the order of acquittal by the Judicial Magistrate No. V Coimbatore dated 29-1-1997. On the said date complainant and his counsel were absent...fairly.”3. In the decision Kumaresan v. Girirajan reported in 1999 (1) CTC 371 a learned Judge of this Court has held...
...Cement Company Limited Vs. Keshvanand : (1998) 1 SCC 687.
Having considered aforesaid, I am of the....
Instant leave to appeal is filed aggrieved from order 13.05.2022 in criminal appeal no. 1863/2018 which was dismissed in default on 13.05.2022.
1...SCC 243 and Mohd. Azeem Vs. A. Venkatesh & Ors. reported in (2002) 7 SCC 726, Associate...
...prosecution. Reliance is placed upon the decision of the Apex Court in Associated Cement Co. Ltd. vs Keshvanand, (1998) 1 SCC 687....Inspector, Zone-1, Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Amit Gupta, AAG
vs
Varun Medical Agencies and others .…. Respondent(s) Through: None....
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
1. This appeal is directed against judgment dated...
...principles laid down in Associated Cement Company Ltd. v. Keshvanand ((1998) 1 SCC 687), I am inclined to take a lenient view. The...
.... Keshvanand ((1998) 1 SCC 687) held as follows:“12. In the case of...Associated Cement Co. Ltd. v. Keshvanand ((1998) 1 SCC 687: ...
...Associated Cement Co. Ltd. v. Keshvanand reported in (1998) 1 SCC 687 and has argued that on the date fixed i.e on 07.07.2007 personnel...Associated Cement Co. Ltd. v. Keshvanand reported in (1998) 1 SCC 687 (Supra) in para no. 17 has observed as under:“When the court not...
...Associated Cement Co. Ltd. v. Keshavanand, (1998) 1 SCC 687 : AIR ...1. This revision petition is filed under Section 397 of Cr.P.C assailing the order of the Metropolitan Magistrate dated 27.3.2001 by which he has dismissed the....“Non-appearance or death of complainant—(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent...
...Associated Cement Co. Ltd. v. Keshvanand : (1998) 1 SCC 687 : ...1998 SC 596, Pubjab & Sind Bank v. Vinkar Sahakari Bank Ltd. : (2001) 7 SCC 721..., S. Anand v. Vasumathi Chandrasekar : (2008) 4 SCC 67...
.... Keshvanand, (1998) 1 SCC 687 : (AIR 1998 SC 596) also held that while...1. This is revision against the judgment and order dated 13-12-1983 passed by the learned VI Additional Sessions Judge, Aligarh in Criminal Revision No. 295 of 1983, thereby upsetting the...
...Limited v. Keshvanand (1998) 1 SCC 687 : AIR 1998 SC 596. Thus, the...(1998) 1 SCC 687 : AIR 1998 SC 596 and has failed to see that the complainant...notice to the complainant and without issuance of such notice, adopting the procedure of dismissing the complaint under Section 256(1) Cr.P.C is not at all appreciable...
...Associated Cement Company Ltd. v. Keshvanand . 1998 1 SCC 687. Therefore, the discreti...of complainant—(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the...attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.(2) The provisions of sub-section (1...