Search Results for "complaint quashing"

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Search Results for "complaint quashing"

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High Court

Bombay High Court Quashes Criminal Complaints Against Directors Under Section 138/141 of NI Act for Lack of Specific Averments. The Court Held That Mere Designation as Director Without Allegation of Being in Charge of and Responsible for Company's Affairs Does Not Satisfy Section 141, Following S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla.

17 Jun 2011

The matter involved a series of criminal writ petitions filed by Directors of two companies, Elite International Pvt. Ltd. and Vedic Cotton Limited, s...

High Court

High Court Quashes Criminal Complaint in Land Dispute — Civil Dispute Cannot Be Converted into Criminal Case. Allegations of Trespass and Unlawful Assembly Found Baseless as Dispute Pertains to Encroachment on Municipal Road and Construction Without Sanction.

19 Jan 2016

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings Against Accused in Cheating and Misappropriation Case – Complaint Found Malicious and Not Disclosing Essential Ingredients of Offences. The court ruled that where a dispute over security cheques stemmed from a commercial transaction and no individual role was attributed to the directors, no prima facie case under Sections 403 and 420 IPC existed, and prosecution was an abuse of process (Paras 11-13).

11 Feb 2005

The dispute arose from a commercial relationship between a cement manufacturer and its dealer. The dealer, a proprietary concern, had been purchasing ...

High Court

Bombay High Court Considers Quashing of Process for IPC Offences and Directions for Police Inaction in Family Property Dispute. Court Examines Scope of Inherent Powers Under Section 482 CrPC and Article 227 of Constitution to Quash Complaint Where Allegations Disclose Prima Facie Offence of Assault and Threat.

1 Jan 1970

Background: The proceedings arose from a family property dispute following the demise of the husband of accused No. 3. Accused No. 3 alleged that the ...

High Court

Bombay High Court Quashes Criminal Complaint in Land Dispute Case Due to Civil Nature of Dispute. Court holds that allegations of criminal trespass and mischief are essentially civil in nature and do not disclose any criminal offence, warranting quashing under Section 482 CrPC.

19 Jan 2016

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

Supreme Court

Supreme Court Quashes Summoning Order in Criminal Complaint Due to Non-Compliance with Section 202 CrPC. The Court held that when accused reside beyond the magistrate's jurisdiction, mandatory inquiry or investigation under Section 202(1) of the Code of Criminal Procedure, 1973 must precede summoning, and failure to do so renders the order illegal.

23 Feb 2024

The dispute arose from a private complaint filed by the complainant under Section 200 of the Code of Criminal Procedure, 1973, alleging offences under...

High Court

Bombay High Court Quashes Criminal Proceedings Under Factories Act for Vagueness of Complaint. Complaint Must Contain Specific Allegations Disclosing Offence; Documents Annexed Cannot Cure Defect Under Section 482 CrPC.

7 May 2013

The applicants, the Manager and General Manager of a fertilizer manufacturing company, Zuari Industries Limited, approached the Bombay High Court unde...

Supreme Court

Supreme Court Quashes Criminal Proceedings in POSCO Case Due to Malicious Prosecution — Complaint Filed with Ulterior Motive to Settle Property Dispute. The Court held that where a criminal complaint is manifestly attended with mala fide and maliciously instituted to wreak vengeance due to private grudge, it is an abuse of process and liable to be quashed under Section 482 CrPC.

31 Jan 2020

The appeal arose from a property dispute between the families of the appellants and the respondent-complainant. A civil suit for partition was pending...

High Court

Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

29 Sep 2006

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

High Court

High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

20 May 2021

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

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