Search Results for "Protest Petition"

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Supreme Court

Supreme Court Allows Appeal Against Summoning Order in Criminal Case — Magistrate Erred in Taking Cognizance Under Section 190(1)(b) Cr.P.C. While Relying on Affidavits Filed with Protest Petition. The Court Held That Where Additional Evidence Such as Affidavits Is Considered, the Protest Petition Must Be Treated as a Complaint Under Section 190(1)(a) Cr.P.C. and Proceeded Under Chapter XV of the Cr.P.C.

29 Apr 2024

The Supreme Court allowed the appeal filed by Mukhtar Zaidi against the order of the Allahabad High Court dismissing his petition under Section 482 Cr...

Supreme Court

Supreme Court Allows Second Complaint After Acceptance of Negative Final Report Under Section 173 Cr.P.C. — No Blanket Bar Exists. The Court held that Section 300(1) Cr.P.C. does not apply as there was no trial or conviction/acquittal, and a second complaint on same facts is maintainable if it discloses new facts or circumstances or if the earlier order was passed without proper application of mind.

1 Jan 2024

The case arose from a complaint filed by the second respondent on 11.11.2010 before the Chief Judicial Magistrate, Cachar, Silchar, which was forwarde...

Supreme Court

Supreme Court Disposes of Appeal Against Shaheen Bagh Protest Blockade as Situation Resolves Itself Due to Pandemic. Right to peaceful protest under Article 19(1)(a) and 19(1)(b) is fundamental but subject to reasonable restrictions; indefinite occupation of public roads is not permissible.

7 Oct 2020

The case arose from a public interest litigation filed before the Delhi High Court concerning the blockade of the Kalindi Kunj-Shaheen Bagh stretch, i...

High Court

High Court of Karnataka Quashes Summoning Order Against Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence. Criminal conspiracy allegations under Section 120B IPC failed as no material showed meeting of minds between accused and main assailants.

10 Jan 2020

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by accused Nos. 6 and 7 in C...

Supreme Court

Supreme Court Allows Appeal Against High Court Order in Dowry Death Case — Sets Aside Direction for Fresh Consideration of Protest Petition. Magistrate's Order Accepting Final Report Upheld as Protest Petition Was Duly Considered and No Prima Facie Case Was Made Out Under Sections 304B, 498A, 201 IPC and Dowry Prohibition Act.

9 Jul 2019

The appeal arose from a criminal case registered under Sections 201, 304B, and 498A of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

22 Apr 2016

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

22 Apr 2016

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

High Court

High Court of Karnataka Quashes Sessions Court Order in Criminal Revision Petition Due to Lack of Jurisdiction — Liberty Granted to File Fresh Protest Petition. The Sessions Court exceeded its revisional jurisdiction by reserving liberty to file a fresh protest petition without setting aside the Magistrate's order taking cognizance under Section 482 Cr.P.C.

12 Mar 2015

The petitioner, Dr. Pranesh, filed a Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Ka...

High Court

High Court of Karnataka Quashes Revisional Court's Order Directing Fresh Protest Petition — Revisional Court Exceeded Jurisdiction by Setting Aside Magistrate's Cognizance Order. The court held that under Section 397 and 401 Cr.P.C., the revisional court cannot direct filing of a fresh protest petition after the Magistrate has taken cognizance on a protest petition, as it lacks jurisdiction to review its own order.

12 Mar 2015

The petitioner, Dr. Pranesh, filed a Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Ka...

High Court

Bombay High Court Allows Appeal in Land Acquisition Case — Market Value Enhanced from Rs.50,000 to Rs.1,00,000 per Acre Based on Comparable Sale Instance. The court held that the Reference Court erred in ignoring a contemporaneous sale deed for adjacent land, which established a higher market value under Section 18 of the Land Acquisition Act, 1894.

17 Aug 2012

The appellant, Jaysukh Raghla Patel, filed a first appeal under Section 18 of the Land Acquisition Act, 1894, challenging the judgment and order dated...

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