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Search Results for "Criminal"

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Supreme Court

Supreme Court Quashes Conviction of Accused Under Arms Act Due to Lack of Evidence on Willful Handing Over of Firearm. The Court Held That Mere License Holding and Negligence in Safe Custody Do Not Satisfy the Requirement of Willful Delivery Under Section 29 of the Arms Act, 1959, as the Prosecution Failed to Prove the Accused Knowingly Provided the Firearm for Use in a Murder.

29 Mar 2022

The appeal arose from a murder case where the deceased was shot with a licensed firearm owned by the appellant. The prosecution alleged that the appel...

Supreme Court

Supreme Court Dismisses Writ Petition Seeking Quashing of NI Act Proceedings Against Corporate Debtor and Directors - Moratorium Under IBC Does Not Extinguish Liability of Natural Persons Under Section 141 NI Act. The Court held that moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016 applies only to corporate debtor and natural persons under Section 141 of Negotiable Instruments Act, 1881 continue to be statutorily liable despite resolution plan acceptance.

28 Mar 2022

The Supreme Court considered a writ petition filed by a corporate debtor and its directors seeking quashing of criminal complaints under Section 138 o...

Supreme Court

Supreme Court Allows Accused in Kidnapping Case to Quash FIR Due to Subsequent Marriage and Acquittal of Co-Accused. The Court held that proceedings under Sections 363 and 366 IPC were an abuse of process as the accused and victim married and the co-accused was acquitted, warranting quashing under Section 482 of the Code of Criminal Procedure, 1973.

28 Mar 2022

The appeal arose from a judgment of the High Court of Rajasthan dismissing a petition under Section 482 of the Code of Criminal Procedure, 1973, seeki...

Supreme Court

Supreme Court Dismisses Petition in Writ Jurisdiction Case Involving Multiple FIRs and Anticipatory Bail. Court Found No Grounds for Transferring Investigation to CBI as Investigations Were Being Conducted Lawfully Under Article 32 of the Constitution of India and Section 438 of the Code of Criminal Procedure, 1973.

28 Mar 2022

The dispute involved a petition filed under Article 32 of the Constitution of India by petitioners seeking reliefs including a writ of mandamus to dir...

Supreme Court

Supreme Court Considers Appeal in Human Trafficking Case Involving Cross-Border Offence and Age Determination. The court examines the requirement of sanction under Section 188 CrPC for offences partly committed in India and evaluates medical evidence on victim's age under the POCSO Act.

24 Mar 2022

The appeal arose from a conviction by the High Court of Uttarakhand in a human trafficking case. The appellant, an Indian citizen, was accused of enti...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

22 Mar 2022

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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...

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