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Search Results for "Criminal proceedings"

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Supreme Court

Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

4 Feb 2025

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

31 Jan 2025

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

Supreme Court

Supreme Court Quashes Criminal Proceedings for Lack of Public View Requirement Under SC-ST Act. "Mere Presence in an Office Room Does Not Constitute Public View" – SC Clarifies Scope of Atrocities Under SC-ST Act.

31 Jan 2025

Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – Section 482 – Indian Penal Code, 1860 – Sections 294(b), 353 – Sc...

Supreme Court

Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

30 Jan 2025

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

Supreme Court

SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

30 Jan 2025

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Ajay Malik; Calls for Domestic Workers’ Legal Protection. Examining the wrongful confinement and human trafficking allegations, the Supreme Court quashes charges against Ajay Malik and Ashok Kumar while highlighting the systemic exploitation of domestic workers.

29 Jan 2025

The Supreme Court of India adjudicated on two connected appeals concerning allegations of wrongful confinement and human trafficking of a domestic wor...

Supreme Court

"Supreme Court Dismisses Appeals: Reinforces Aircraft Act as a Complete Code" "Ensuring adherence to specialized aviation laws while quashing FIRs against MPs for alleged ATC room trespass."

21 Jan 2025

The Supreme Court dismissed criminal appeals challenging the quashing of an FIR registered under the Indian Penal Code and Aircraft Act. The Court uph...

Supreme Court

High standards of honesty and proportionality in disciplinary actions reaffirmed by the Supreme Court.

21 Jan 2025

Principles of Natural Justice: Breach of natural justice alone is insufficient for setting aside disciplinary action if the misconduct is proven...

Supreme Court

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

2 Jan 2025

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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