Search Results for "Cognizable offence"

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Search Results for "Cognizable offence"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Quashes FIRs in Cheating and Forgery Case Due to Abuse of Process and Civil Dispute Nature. Criminal Proceedings Under Sections 120B, 420, 465, 468, 471 IPC Set Aside as Allegations Were Absurd and Filed Maliciously Post-Civil Litigation to Harass Accused.

18 Feb 2022

The Supreme Court of India heard appeals challenging the dismissal by the High Court of Karnataka of petitions under Section 482 of the Code of Crimin...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Appellant in Bigamy and Forgery Case Due to Abuse of Process. Proceedings Were Maliciously Instituted with Ulterior Motive After Investigation Revealed No Prima Facie Case Under Sections 494, 495, 416, 420, 504, 506, 467, 468, 471 IPC, Following Principles from State of Haryana v. Bhajan Lal.

10 Feb 2022

The Supreme Court considered an appeal against the Allahabad High Court's order declining to quash criminal proceedings against the appellant. The app...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Reasonableness and Stale Offences. The order was found to infringe the fundamental right under Article 19(1)(d) as it relied on offences from 2013 and 2018 without a live link and general confidential statements, failing the test of reasonableness under Section 56(1)(a)(b).

28 Jan 2022

The dispute involved an appellant challenging an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which directed...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

28 Jan 2022

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

Supreme Court

Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

21 Jan 2022

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...

Supreme Court

Supreme Court Dismisses Appeal Against Acquittal in Murder and Explosives Case Due to Insufficient Evidence and Witness Inconsistencies. High Court's Reversal of Conviction Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302/34/120B IPC and Sections 3/4 Explosive Substances Act, 1908.

7 Jan 2022

The appeals were filed by the appellant informant, PW7 Rajesh Prasad, challenging the High Court of Judicature at Patna's judgment dated 5 August 2009...

Supreme Court

Supreme Court Directs SIT to Expedite Investigation into Fake Motor Vehicle and Workmen Compensation Claims in Uttar Pradesh. The Court monitored the investigation into 1376 suspicious claims and directed the Bar Council to conclude disciplinary proceedings against errant advocates.

16 Dec 2021

The Supreme Court was dealing with the issue of filing fake claim petitions for compensation under the Motor Vehicles Act and the Workmen Compensation...

Supreme Court

Supreme Court Reverses High Court's Quashing of Criminal Proceedings Against Public Servants in Corruption Case. The High Court Erred by Conducting Mini-Trial Under Section 482 CrPC; Allegations of Criminal Conspiracy and Misconduct Under Prevention of Corruption Act, 1988 and IPC Prima Facie Made Out, Requiring Trial.

11 Dec 2021

The dispute arose from criminal proceedings initiated against public servants of the Bhubaneswar Development Authority (BDA) and the Housing and Urban...

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