Search Results for "Misappropriation"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Reverses High Court Quashing of Criminal Proceedings Against Public Servant in Forgery Case Due to Lack of Sanction Requirement. The Court Held That Sanction Under Section 197 of the Code of Criminal Procedure, 1973 Is Not Necessary When the Alleged Offence of Creating Fake Documents for Illegal Gain Is Not Committed in the Discharge of Official Duty.

17 Jan 2024

The dispute arose from a criminal complaint lodged by the appellant alleging that the respondent, a village accountant, along with others, created fak...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

16 Jan 2024

The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...

Supreme Court

Supreme Court Dismisses Appeal of Police Official in Summoning Order Under Section 319 Cr.P.C. - Upholds Trial Court's Decision Based on Consistent Witness Evidence. The Court Found Sufficient Evidence to Summon Officials for Alleged Extortion and Corruption Under Sections 166, 383, 385 IPC and Prevention of Corruption Act, 1988, Without Requirement of Sanction Under Section 197 Cr.P.C. and Section 19 PC Act.

5 Jan 2024

The appeal arose from a criminal revision dismissed by the High Court of Punjab and Haryana, which upheld a Trial Court order summoning the appellant ...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

Supreme Court

Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

7 Feb 2023

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Reinstates Dismissal of Bank Employee in Industrial Disputes Case Due to Fraudulent Misappropriation. Tribunal's Interference Under Section 11A of Industrial Disputes Act, 1947 Held Unjustified as Punishment Was Not Shockingly Disproportionate Given Serious Nature of Fraud.

11 Feb 2022

The dispute arose from the dismissal of a bank employee for fraudulent misappropriation of funds. The respondent employee, a Clerk-cum-Typist, was sus...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

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