Search Results for "Article 226"

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Search Results for "Article 226"

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Supreme Court

Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

4 Feb 2025

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

Supreme Court

Land Acquisition – Violation of Natural Justice – High Court’s Duty to Grant Opportunity

4 Feb 2025

Delay and Procedural Irregularities – The Supreme Court set aside the High Court’s decision due to a violation of the principles of natural justic...

High Court

Executionary Powers of District Magistrate Under Maharashtra Cooperative Societies Act, 1960 — No Obligation for Independent Inquiry or Borrower's Hearing.

4 Feb 2025

The Court held that: (a) The Special Recovery Officer was duly notified via the gazette notification. (b) The District Magistrate’s function under R...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

High Court

Bombay High Court Rejected Petition Seeking Renewal of License for Open Plot – Held No Enforceable Legal Right Under Article 226 of the Constitution of India

3 Feb 2025

No Vested Right for Renewal of License Petition dismissed. Court held Petitioner had no vested legal right for renewal after expiry of license by e...

High Court

Right of workman to engage an advocate as a defence representative in domestic enquiry — Industrial Court’s interim order allowing appointment of an advocate set aside — Absence of legally trained mind on the employer’s side — Principles of natural justice upheld.

3 Feb 2025

The Bombay High Court set aside the Industrial Court’s order, holding that mere experience in handling domestic enquiries does not constitute a lega...

Supreme Court

Supreme Court Quashes Criminal Proceedings for Lack of Public View Requirement Under SC-ST Act. "Mere Presence in an Office Room Does Not Constitute Public View" – SC Clarifies Scope of Atrocities Under SC-ST Act.

31 Jan 2025

Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – Section 482 – Indian Penal Code, 1860 – Sections 294(b), 353 – Sc...

Supreme Court

Restoration of Promotion & Consequential Benefits – Contempt Not Made Out, But Directions Issued for Compliance.

27 Jan 2025

Quashing of disciplinary proceedings due to bias – Restoration of promotion benefits from 2001 – Contempt not made out but compliance directed –...

Supreme Court

Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

22 Jan 2025

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

Supreme Court

"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."

21 Jan 2025

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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