Search Results for "Uttar Pradesh"

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Restores Sessions Judge’s Order Summoning Additional Accused Under Section 319 CrPC. Revisional Jurisdiction Misapplied – High Court’s Interference Unwarranted

Power Under Section 319 CrPC: The Supreme Court reiterated the principles laid down in Hardeep Singh v. State of Punjab (2014) 3 SCC 92, holding tha...

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Supreme Court Quashes High Court's CBI Investigation Direction in Bail Application Due to Jurisdictional Overreach. High Court Exceeded Limits Under Section 439 CrPC by Issuing CBI Directions After Granting Bail, Without Exceptional Circumstances Required Under Article 226.

The State of Uttar Pradesh appealed against directions issued by a learned Single Judge of the High Court in a bail application. The High Court had di...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

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Pension Rights of Temporary Employees Under a Government Scheme

Constitution of India, 1950 – Article 32 – Writ Petition Against Pension Denial – Applicability of Fundamental Rules – Parity With Government ...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...