Search Results for "Cognizance"

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Quashing of FIR Set Aside — Supreme Court Reiterates Limits of Section 482 CrPC in Property Fraud Cases.

The Supreme Court set aside the Madras High Court’s order quashing criminal proceedings arising from alleged fraudulent settlement deeds in a fa...

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Supreme Court Grants Bail to Former Promoter in Money Laundering Case Under PMLA and BNSS Due to Prolonged Incarceration and Right to Speedy Trial

The Supreme Court allowed a criminal appeal against the High Court's order rejecting regular bail to the appellant in a money laundering case under th...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case -- Delay in Filing Complaint Condoned as Bonafide -- Cognizance Taken Under Section 138 of Negotiable Instruments Act Upheld Despite Procedural Irregularity

The Supreme Court dismissed the appeal filed by S. Nagesh against the Karnataka High Court order that rejected his petition to quash a complaint under...

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Supreme Court Allows State Appeal on FIR Registration in Cheating Case -- Reverses Delhi High Court Judgment Mandating Separate FIRs for Each Investor Complaint -- Police Have Discretion to Investigate Multiple Complaints Under Single FIR in Criminal Conspiracy Cases

The Supreme Court allowed the State's appeal against Delhi High Court judgment that answered reference questions regarding FIR registration in cheatin...

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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

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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 Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...