Search Results for "Section 190"

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Search Results for "Section 190"

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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...

Supreme Court

Supreme Court Reinstates Criminal Proceedings in Corruption Case Overturning High Court's Quashing of FIR. The Court held that authorization under Section 3 of J&K Prevention of Corruption Act, 2006 does not require a reasoned order, preliminary enquiry is permissible under Lalita Kumari, and the FIR disclosed cognizable offences of misappropriation under the Act.

29 Oct 2021

The dispute arose from criminal proceedings initiated against the respondent, a government official, for alleged corruption in the purchase of medical...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Case on Interest Liability for Advance Tax Shortfall Due to Non-Deduction at Source. Court held that assessee not liable for interest under Section 234B of Income-tax Act, 1961, when payer fails to deduct tax at source, as advance tax conditions not met and Section 201 provides recovery from payer.

17 Sep 2021

The dispute arose from the liability of an assessee to pay interest under Section 234B of the Income-tax Act, 1961, for short payment of advance tax, ...

Supreme Court

Supreme Court Quashes Anticipatory Bail Orders in Fraud Case Due to Erroneous Legal Interpretation by High Court. High Court's grant of anticipatory bail was based on incorrect view that Magistrate's order under Section 156(3) CrPC was invalid for non-examination of complainant under Section 200 CrPC, which the Supreme Court held unsustainable as such order can precede cognizance.

26 Jul 2021

The Supreme Court heard a batch of four criminal appeals arising from anticipatory bail orders granted by the Bombay High Court. The appellant, a comp...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

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