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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

24 Apr 2019

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...

Supreme Court

Supreme Court Allows Suspension of Sentence in Bank Fraud Case Due to Erroneous Aggregation of Concurrent Sentences. High Court's Rejection of Bail Under Section 389 CrPC Set Aside as It Overlooked Trial Court's Direction That All Sentences Run Concurrently, Reducing Maximum Imprisonment to 7 Years.

16 Apr 2019

The appellant, N. Ramamurthy, was convicted by the Special Judge for CBI cases in Bengaluru for offences under Section 120-B read with Sections 409, 4...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

15 Feb 2019

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Loan Dispute, Distinguishes Civil Breach from Criminal Offence. Court holds that mere inability to repay loan does not constitute cheating or criminal breach of trust without fraudulent intention from inception.

3 Jan 2019

The Supreme Court allowed an appeal against the Gujarat High Court's order dismissing a petition to quash criminal proceedings. The appellant, a retir...

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