Search Results for "Cognizance"

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"Supreme Court Dismisses Appeals: Reinforces Aircraft Act as a Complete Code" "Ensuring adherence to specialized aviation laws while quashing FIRs against MPs for alleged ATC room trespass."

The Supreme Court dismissed criminal appeals challenging the quashing of an FIR registered under the Indian Penal Code and Aircraft Act. The Court uph...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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A Reference on the Scope of Default Bail under Section 167(2) CrPC" "Examining the interplay between the right to default bail and procedural safeguards for personal liberty under Article 21."

The Bombay High Court resolves conflicting views on whether the right to default bail under Section 167(2) CrPC applies to an accused arrested post-fi...

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"Conviction Modified: Appellant’s Acquittal & Sentencing Reduced for Assault on Public Servant" "Minor offence distinction under IPC 353 and 186 clarified, leading to partial acquittal and reduction of sentence."

  1. Background of the Case Complainant Sagar Patil, Block Development Officer, relieved Appellant/Punam Aundhakar (Accus...

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"Arbitral Mandate Extension Post-Expiry: Supreme Court Clarifies Section 29A of Arbitration Act" Pandemic and mutual consent deemed sufficient cause for mandate extension.

Application under Section 29A(4) of the Arbitration and Conciliation Act, 1996, for extending the mandate of an arbitral tribunal, can be entertained ...

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Supreme Court Quashes PMLA Case Cognizance Against Public Servants Without Prior Sanction. Section 197 CrPC Applicability Affirmed in Money Laundering Cases Involving Public Servants.

The Supreme Court, in Directorate of Enforcement vs. Bibhu Prasad Acharya and Others (2024 INSC 843), upheld the decision of the High Court to quash t...

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"Supreme Court Remits Matter for Fresh Consideration by High Court in Truck Rent Dispute" "High Court order quashing FIR and criminal proceedings set aside; matter remanded for reconsideration in light of investigation materials."

Acts and Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) Section 156(3): Magistrate’s power to direct investigation. Section 41A:...

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Quashing of FIR due to Erroneous Magistrate’s Order. High Court invalidates FIR as Magistrate exceeded legal boundaries by switching from post-cognizance to pre-cognizance stage under Cr.P.C.

The Bombay High Court, quashed an FIR dated 2nd January 2023 registered at CBD Belapur Police Station, Navi Mumbai, for various offenses under the In...

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Supreme Court Quashes Criminal Proceedings Against Accused Nos. 4 and 5 in Loan Fraud Case Due to Settlement with Bank. Commercial loan fraud case compromised between Bank and borrowers—Criminal proceedings quashed due to bleak chance of conviction.

The Supreme Court, in Criminal Appeals arising out of Special Leave Petition (Criminal) Nos. 1415 and 1416 of 2024, quashed the criminal proceedings a...

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High Court Quashes Sessions Judge's Suo Moto Revision in Arrest Case. The Bombay High Court set aside the Sessions Judge's use of suo moto powers in a matter involving a female accused's night-time arrest.

The Bombay High Court at Nagpur, in the case of Shahrukh Ziya Mohammad vs. State of Maharashtra & Ors., addressed the propriety of a Sessions Jud...