Search Results for "Magistrate"

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Supreme Court

Supreme Court Allows Transfer of Criminal Cases Under Section 406 CrPC for Fair Trial and Convenience. Transfer petitions filed by accused seeking consolidation of 16 cases across four states to Mumbai court granted based on commonality of facts, accused, witnesses, and transactions primarily in Mumbai, despite one case being at final stage, to secure ends of justice under Section 406 of Code of Criminal Procedure, 1973.

9 Sep 2022

The Supreme Court of India heard transfer petitions filed by an accused petitioner under Section 406 of the Code of Criminal Procedure, 1973, seeking ...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Reverses High Court's Finding on Juvenility Due to Fabricated Documents in Criminal Appeal. Juvenility Plea Rejected as Based on Fabricated Birth Certificate and School Records Under Section 7-A of Juvenile Justice (Care and Protection of Children) Act, 2000 and Rule 12(3) of Juvenile Justice Rules, 2007.

2 Sep 2022

The dispute arose from a criminal appeal concerning the juvenility status of the first respondent, who was accused of offences including gang rape und...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Selection Committee Members in Forgery Case Due to Lack of Prima Facie Evidence. Proceedings Under Sections 419, 420, 467, 468, 471, 120B IPC Were Abusive as Members Merely Relied on Documents Without Involvement in Alleged Forgery.

2 Sep 2022

The dispute arose from criminal proceedings initiated against members of a Selection Committee for offenses including forgery and cheating under the I...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Italian Marines in Maritime Shooting Case Based on UNCLOS Arbitral Award and Compensation Settlement. The Court exercised powers under Article 142 of the Constitution of India to close all proceedings, including FIR and bail bonds, after Italy deposited Rs. 10 crores as compensation and all parties agreed to the arbitral award under the United Nations Convention on the Law of the Sea, 1982.

15 Jun 2022

The dispute arose from an incident on 15 February 2012, where two Indian fishermen were killed off the coast of Kerala after being fired upon from the...

Supreme Court

Supreme Court Allows Bail in GST Offences Case with Conditions on Deposit and Liberty. Appeal against High Court's dismissal of bail under Section 439 CrPC granted, directing continuation of ad-interim bail conditions including Rs.4 Crore deposit and surety, with warning against misuse of liberty.

31 Mar 2022

The appeal arose from an order dated 24.03.2021 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No.8190 of 2021, dismissing the ...

Supreme Court

Supreme Court Quashes Conviction of Accused Under Arms Act Due to Lack of Evidence on Willful Handing Over of Firearm. The Court Held That Mere License Holding and Negligence in Safe Custody Do Not Satisfy the Requirement of Willful Delivery Under Section 29 of the Arms Act, 1959, as the Prosecution Failed to Prove the Accused Knowingly Provided the Firearm for Use in a Murder.

29 Mar 2022

The appeal arose from a murder case where the deceased was shot with a licensed firearm owned by the appellant. The prosecution alleged that the appel...

Supreme Court

Supreme Court Dismisses Writ Petition Seeking Quashing of NI Act Proceedings Against Corporate Debtor and Directors - Moratorium Under IBC Does Not Extinguish Liability of Natural Persons Under Section 141 NI Act. The Court held that moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016 applies only to corporate debtor and natural persons under Section 141 of Negotiable Instruments Act, 1881 continue to be statutorily liable despite resolution plan acceptance.

28 Mar 2022

The Supreme Court considered a writ petition filed by a corporate debtor and its directors seeking quashing of criminal complaints under Section 138 o...

Supreme Court

Supreme Court Allows State Appeal in U.P. Excise Act Interest Dispute, Holding Licensee Liable for Interest Despite Interim Stay. Interest on Arrears of Excise Revenue is Payable Under Section 38A of U.P. Excise Act, 1910, as Interim Stay Only Suspended Recovery Without Nullifying Statutory Obligation.

25 Mar 2022

The dispute arose from the respondent's license for retail sale of country liquor in Uttar Pradesh for the year 2002-03. The respondent applied for su...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

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