Search Results for "Magistrate"

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Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Medical Practitioner Under Drugs and Cosmetics Act, 1940 Due to Exemption Under Schedule K of Drugs and Cosmetics Rules, 1945. Registered Medical Practitioner Found with Small Quantity of Medicines for Patient Treatment Was Not Stocking for Sale Under Section 18(c) of Drugs and Cosmetics Act, 1940.

15 Mar 2023

The Supreme Court considered an appeal by a registered medical practitioner challenging criminal proceedings initiated against her under the Drugs and...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Allows Appeal in Land Tenure Dispute, Reversing High Court on Urbanization Effect. The Court held that the Delhi Land Reforms Act, 1954, continues to govern land rights even after a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, urbanizes the area, as the Land Reforms Act is a special law and its provisions are not automatically extinguished.

14 Mar 2023

The appeal arose from a judgment of the Division Bench of the High Court of Delhi dated November 22, 2012, which held that upon issuance of a notifica...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Specific Overt Acts. Conviction Under Section 302 IPC with Section 149 IPC Not Sustainable as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Based on Interested Witness Testimony and Unexplained FIR Delay.

14 Mar 2023

The Supreme Court heard appeals challenging the conviction of appellants for murder under Section 302 IPC with other offences, confirmed by the High C...

Supreme Court

Supreme Court Declares Accused Juvenile and Quashes Death Sentence Under Juvenile Justice Act, 2015. Age Determination Based on School Birth Certificate Prevails Over Ossification Test, Leading to Release After Over 5 Years Incarceration as Maximum Sentence for Juvenile Below 16 is 3 Years.

3 Mar 2023

The Supreme Court heard appeals challenging the judgment and order dated 15.11.2018 of the Madhya Pradesh High Court, which affirmed the death sentenc...

Supreme Court

Supreme Court Restores Acquittal in Murder Case Due to Unreliable Extra-Judicial Confession and Circumstantial Evidence. The High Court's reversal was unjustified as the trial court's acquittal was not perverse, and the evidence failed to meet the stringent standards for circumstantial proof under Section 302 of the Indian Penal Code, 1860.

3 Mar 2023

The appeal arose from a murder case where the appellant was charged under Section 302 of the Indian Penal Code, 1860. The trial court had acquitted th...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

Supreme Court

Supreme Court Sets Aside Dismissal of NI Act Complaints Due to Magistrate's Failure to Apply Proviso to Section 256 CrPC. Magistrate Erred in Dismissing Complaints for Non-appearance When Complainant's Evidence Was Already Recorded and Cross-Examination Completed Under Section 138 of Negotiable Instruments Act, 1881.

1 Mar 2023

The Supreme Court addressed appeals arising from the dismissal of eight criminal complaints filed under Section 138 of the Negotiable Instruments Act,...

Supreme Court

Supreme Court Modifies Conviction of Accused in Kidnapping Case from Section 364A to Section 363 IPC Due to Insufficient Evidence of Death Threat. The Court found that the prosecution failed to prove the essential ingredient of threat to cause death or hurt under Section 364A of the Indian Penal Code, 1860, leading to a reduction in the severity of the offence.

1 Mar 2023

The Supreme Court addressed appeals by five accused persons whose convictions under Sections 148, 149, and 364A of the Indian Penal Code, 1860, for ki...

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