Search Results for "abuse of process"

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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No Vicarious Liability of Company Directors in Environmental Violation.

Quashing of Criminal Proceedings – No Vicarious Liability Without Statutory Provision – The Supreme Court quashed criminal proceedings initiated a...

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"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

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"Supreme Court Overrules High Court Order on Land Ceiling Act: Landmark Verdict Upholds Finality of Ceiling Proceedings" "Res judicata prevails; family settlements rejected in surplus land declaration under the UP Ceiling Act."

The Supreme Court of India set aside the High Court's order that invalidated surplus land proceedings under the Uttar Pradesh Imposition of Ceiling on...

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Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

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"Supreme Court Sets Aside High Court Order Restoring Plot to Defaulters" "Litigation by Proxy Tenant Held as Abuse of Process; Original Allottees Found in Default.

Issue: Whether the High Court was correct in restoring a resumed plot despite the default of the original allottees and the proxy litigation by a purp...

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Quashing of FIR in Matrimonial Dispute: Apex Court Upholds Justice. A safeguard against misuse of Section 498A IPC and Dowry Prohibition Act.

Key Acts and Sections Discussed: Section 498A of IPC: Cruelty by husband or relatives of the husband. Sections 3 & 4 of Dowry Prohibition Act,...

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Engineer’s Future Secured: Bombay High Court Quashes NDPS Case Due to Lack of Evidence "In a significant decision, the Bombay High Court quashed a case under the NDPS Act, citing lack of evidence and procedural lapses."

Petitioner, a young engineer aspiring to study abroad, filed a writ petition seeking quashing of an FIR under Sections 8(c) and 27 of the NDPS Act, 1...

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High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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Supreme Court Quashes Proceedings Under Arms Act for Lack of Evidence. Possession of a Buttondar Knife Without Intent for Sale or Test Does Not Constitute an Offense Under the Arms Act.

Introduction Para 1-2: Criminal appeal under the Supreme Court arising from FIR No. 477/2022. Appellant seeks quashing of FIR under Sections 25, ...