Search Results for "Section 173"

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Search Results for "Section 173"

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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 Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Allows Accused's Appeal in UAPA Case, Directing Provision of Redacted Statements of Protected Witnesses. The Court Held That Fair Trial Principles Under Section 207 Cr.P.C. Require Disclosure of Relevant Evidence, and Witness Protection Under Section 44 UAPA Only Permits Redaction of Identity Details, Not Withholding Entire Statements.

25 Feb 2022

The appeal arose from a dispute under the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving the accused's right to access statements of pro...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused Based on Supplementary Investigation Report. Magistrate Must Consider Both Initial Report Under Section 173(2) and Supplementary Report Under Section 173(8) of Code of Criminal Procedure, 1973 Conjointly to Determine Prima Facie Case, Following Precedent in Vinay Tyagi v. Irshad Ali.

18 Feb 2022

The appeal arose from a judgment of the High Court of Kerala dated 3 March 2021. On 3 February 2016, an FIR was registered against the appellants for ...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder and Arms Act Case Based on Reliable Evidence and Forensic Confirmation. Life Sentence Imposed Under Section 302 IPC and Section 25 Arms Act Sustained as Lower Courts Properly Assessed Eyewitness Testimonies and Forensic Reports Despite Procedural Issues.

4 Feb 2022

The appeals arose from a High Court judgment convicting the appellants for life under Section 302 IPC and Section 25 of the Arms Act, while acquitting...

Supreme Court

Supreme Court Allows CBI Appeal Against Quashing of Charge Sheet in Disproportionate Assets Case. Possession of Title Deed of Property Purchased with Tainted Money Constitutes Reasonable Suspicion for Framing Charges Under Section 13(1)(e) of Prevention of Corruption Act, 1988 and Sections 120B/109 IPC.

9 Dec 2021

The Supreme Court heard an appeal by the Central Bureau of Investigation (CBI) against a judgment of the Madras High Court that quashed the charge she...

Supreme Court

Supreme Court Enhances Compensation in Motor Accident Claim Case Due to Proper Application of Multiplier and Future Prospects. Deceased's income assessed at Rs.15,000 per month, multiplier of 16 applied, and 40% added for future prospects as per Pranay Sethi.

8 Dec 2021

The appeal arose from a motor accident claim where the deceased, Manoj Kumar Biswal, died in a vehicular accident on 09.05.2013. The claimants, his wi...

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