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Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

Supreme Court

Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused

25 Feb 2025

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. In...

High Court

Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action

25 Feb 2025

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The...

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...

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

Supreme Court Allows Appeals Against High Court Order in Electricity Transmission Dispute — CERC's Power to Grant Compensation Upheld. The Court held that the CERC's regulatory functions under Section 79 of the Electricity Act, 2003 include the power to grant compensation for delay, and such power is not subordinate to regulations under Section 178.

1 Jan 2025

The Supreme Court allowed the appeals filed by Power Grid Corporation of India Limited against the judgment of the Madhya Pradesh High Court, which ha...

Supreme Court

Supreme Court Dismisses Appeal Against Habeas Corpus Rejection in CID Arrest Case — Grounds of Arrest Held Compliant with Article 22 and BNSS. The Court upheld the High Court's finding that the arrest and detention were lawful as the grounds of arrest and remand report were served on the detenue prior to the remand hearing.

1 Jan 2025

The appellant, Kasireddy Upender Reddy, filed a habeas corpus petition before the High Court of Andhra Pradesh alleging that his son, Kessireddy Raja ...

Supreme Court

"Supreme Court Acquits Accused in Kamaruddin Dastagir Sanadi Case: Lack of Evidence for Abetment and Cheating" "Justice demands evidence: Mere refusal to marry insufficient for abetment of suicide under IPC."

29 Nov 2024

The Supreme Court acquitted Kamaruddin Dastagir Sanadi, reversing the Karnataka High Court's conviction under Sections 417 and 306 IPC. The Cour...

High Court

"Misuse of Identity to Secure Employment: Justice Upheld in Seema w/o Suresh Khobragade Case" "Balancing justice and societal interests against identity fraud."

21 Nov 2024

The High Court of Bombay, Nagpur Bench, upheld the conviction of Seema w/o Suresh Khobragade for misusing her elder sister’s educational documents t...

Supreme Court

"Supreme Court Remits Matter for Fresh Consideration by High Court in Truck Rent Dispute" "High Court order quashing FIR and criminal proceedings set aside; matter remanded for reconsideration in light of investigation materials."

14 Oct 2024

Acts and Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) Section 156(3): Magistrate’s power to direct investigation. Section 41A:...

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