Search Results for "Summoning"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Summoning"

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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...

Supreme Court

Supreme Court Allows State's Appeal in Retiral Benefits Case — Employee Who Joined Another Service Without Sanction Not Entitled to Pension. Abandonment of Service Disentitles Employee to Voluntary Retirement Benefits Under UP Fundamental Rules.

10 Dec 2019

The case involves two appeals by the State of Uttar Pradesh against the judgment of the Allahabad High Court. The respondent, Dr. Sudarshana Chatterje...

High Court

Bombay High Court Allows Accused to Summon Defence Witness in Rape and Cruelty Case — Rejection of Summons Application Set Aside as Premature. The court held that the accused has a right to lead defence evidence under Section 233 CrPC and the trial court must consider such applications on merits.

16 Oct 2019

The petitioners, who are accused in Sessions Case No.182 of 2013 pending before the learned Additional Sessions Judge, Sangli, challenged an order dat...

High Court

Bombay High Court Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

Supreme Court

Supreme Court Sets Aside Summoning Order Under Section 319 CrPC for Misapplication of Legal Principles. The Court Remands the Matter for Fresh Consideration, Emphasizing That the Power to Summon Additional Accused Requires Strong and Cogent Evidence and a Higher Degree of Satisfaction Than for Framing Charges.

3 Sep 2019

The appeal arose from an order passed by the trial court under Section 319 of the Code of Criminal Procedure, 1973 (CrPC) summoning the appellant, Shi...

High Court

Bombay High Court Quashes Process Against Wife in Cheque Dishonour Case for Professional Fees — No Vicarious Liability Without Specific Role in Issuance of Cheque. The court held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, a spouse cannot be held liable merely on the basis of relationship or general participation in communications; specific averments of being in charge of business are required.

21 Aug 2019

The petitioner, Alka Khandu Avhad, wife of Khandu Kacharu Avhad, challenged an order dated 23/02/2018 passed by the learned Metropolitan Magistrate, 4...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Court holds that when the parties have amicably resolved their differences and the complainant is no longer interested in prosecuting, continuing criminal proceedings would be an abuse of process of law under Section 482 CrPC.

21 Aug 2019

The applicants, who are the husband and in-laws of the complainant (respondent no.2), filed an application under Section 482 of the Code of Criminal P...

High Court

Bombay High Court Allows Revision Against Summoning of Witness After Prosecution Closed Evidence in Murder Trial. Court holds that summoning a witness after closure of evidence and examination of accused under Section 313 CrPC causes prejudice to accused.

19 Oct 2013

The applicant, Chandrashekhar Vinayak Wargane, was the sole accused in Sessions Trial No. 32 of 2012 before the Sessions Court at Amravati for the mur...

High Court

Bombay High Court at Goa Quashes Summoning of Directors Under Section 319 CrPC in Cheque Dishonour Case. Directors Cannot Be Summoned Under Section 141 NI Act Without Specific Allegations of Their Role in Company Affairs.

22 Oct 2012

The case involves three criminal writ petitions filed by directors of a company challenging the order of the Judicial Magistrate First Class, Margao, ...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Orders Due to Availability of Alternative Remedy Under Section 20 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Petitioner's challenge to DRT's decision to hear main case after dismissing interlocutory applications fails as review remedy was exhausted and appeal remedy remains available.

12 Dec 2005

The petitioner, Gangaram Biseshwar Agrawal, was defendant No. 2 in three recovery suits filed by Canara Bank, Union Bank of India, and State Bank of I...

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