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Search Results for "summoning Magistrate"

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High Court

High Court of Karnataka Directs Police to Conduct Fair Investigation in Crime No.193/2022 in Accordance with Payment and Settlement Systems Act, 2007 and RBI/NPCI Guidelines — Petitioner PhonePe Private Limited seeks mandamus for comprehensive probe.

29 Apr 2025

The petitioner, PhonePe Private Limited, a company registered under the Companies Act, 2013 and a Third Party Application Provider (TPAP) in the UPI e...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

22 Jan 2024

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

High Court

High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

23 Aug 2023

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Secret information not reduced to writing and sent to superior officer, and accused not informed of right to be searched before Magistrate or Gazetted Officer, leading to acquittal.

19 Oct 2022

The case involves two criminal appeals filed by three appellants convicted under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances ...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

High Court

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

7 Mar 2019

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

High Court

Bombay High Court Allows Revision Against Rejection of Section 319 Application — Power to Summon Accused Released Under Section 169 CrPC Not Barred. The court held that release under Section 169 does not preclude summoning under Section 319 if evidence during trial shows involvement.

22 Nov 2018

The case involves two criminal revision applications filed against an order of the Sessions Judge, Nanded, dated 30.07.2018, rejecting an application ...

High Court

Bombay High Court Quashes FIR in Atrocities Act Case Due to Lack of Jurisdiction — Civil Judge Cannot Direct Police Investigation Under Section 156(3) CrPC in a Civil Suit. The order passed by the Civil Judge (J.D.) directing investigation under Section 156(3) CrPC in a civil suit is without jurisdiction and the consequential FIR is liable to be quashed.

24 Mar 2017

The applicants, Harischandra Vishwanath Chavan and Santosh Harischandra Chavan, filed a criminal application under Section 482 of the Code of Criminal...

High Court

High Court of Karnataka Quashes Summons Against Additional Accused in Dowry Death Case for Lack of Prima Facie Evidence. Section 319 Cr.P.C. summons set aside as no specific overt acts alleged against petitioners in charge sheet.

30 Mar 2016

The petitioners, arrayed as additional accused nos. 3 to 6 in S.C. No. 2/2013, filed a criminal revision petition under Section 397 Cr.P.C. challengin...

High Court

Bombay High Court Quashes Criminal Proceedings for Criminal Trespass and Insult in Company Premises — Lack of Intent to Insult or Annoy and Absence of Criminal Trespass Elements. The court held that entry into a cabin to serve summons, without intent to insult or annoy, does not constitute criminal trespass under Section 447 IPC, and that mere pointing of finger without provocation to breach of peace does not attract Section 504 IPC.

27 Apr 2006

The petitioner, Shailesh H. Bajaj, was an accused in Criminal Case No. 147/04/C pending before the Judicial Magistrate, First Class, Panaji, Goa, aris...

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