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High Court

Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

7 Feb 2025

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

Supreme Court

Supreme Court Acquits Accused Due to Doubtful Arrest and Lack of Identification. Manner of Arrest and Identification Found Unreliable – Conviction Set Aside – Appellants Acquitted.

4 Feb 2025

Constitution of India, 1950 – Article 136 – Code of Criminal Procedure, 1973 – Section 313 – Indian Penal Code, 1860 – Sections 392, 397, 41...

Supreme Court

Supreme Court Acquits Accused Due to Unreliable Extra-Judicial Confession. Suspicion, However Strong, Cannot Replace Proof – Conviction Set Aside.

4 Feb 2025

Constitution of India, 1950 – Indian Evidence Act, 1872 – Code of Criminal Procedure, 1973 – Indian Penal Code, 1860 Extra-Judicial Confession ...

High Court

Revision Against Auditor’s Re-Audit Report Not Maintainable Under Section 154 of Maharashtra Co-operative Societies Act, 1960. Auditor’s Findings in Re-Audit Report Do Not Constitute a ‘Decision’ or ‘Order’ – Administrative Orders Not Revisable Under Section 154

4 Feb 2025

MCS Act: Section 81 – Deals with audit, test audit, re-audit, and submission of specific and special reports by auditors. MCS Act: Section 154 �...

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...

Supreme Court

Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

31 Jan 2025

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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

Acquittal in Dowry Death Case – Supreme Court Quashes Conviction for Lack of Evidence. Failure to Prove Cruelty or Harassment Soon Before Death – Acquittal of Husband in Dowry Death Case.

31 Jan 2025

Section 304-B, Indian Penal Code, 1860 – Dowry Death – Essential Ingredients – Section 113-B, Indian Evidence Act, 1872 – Presumption of Dowry...

Supreme Court

SC Acquits Man Accused of Murder Due to Unreliable Eyewitness Testimony Absence of credible eyewitnesses and material contradictions in prosecution evidence lead to acquittal.

29 Jan 2025

The Supreme Court set aside the conviction of the appellant under Section 302 IPC, emphasizing that the prosecution failed to prove guilt beyond a rea...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Ajay Malik; Calls for Domestic Workers’ Legal Protection. Examining the wrongful confinement and human trafficking allegations, the Supreme Court quashes charges against Ajay Malik and Ashok Kumar while highlighting the systemic exploitation of domestic workers.

29 Jan 2025

The Supreme Court of India adjudicated on two connected appeals concerning allegations of wrongful confinement and human trafficking of a domestic wor...

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