Search Results for "dismissed criminal complaint"

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High Court

Bombay High Court Allows Further Investigation in Police Custodial Torture Case — Victim's Application Under Section 173(8) CrPC for Further Investigation Allowed. Court Holds That Magistrate Has Power to Order Further Investigation Even After Charge-Sheet, and That Allegations of Fabricated FIRs and Assault by Police Constable Require Thorough Inquiry.

2 Mar 2012

The petitioner, Kalpana Saroj Shukla, a law student and fashion designer, filed a criminal writ petition before the Bombay High Court seeking further ...

High Court

Bombay High Court Allows State's Petition to Recall Process in Private Complaint Against Public Servant Without Sanction Under Section 197 CrPC. Issuance of process without mandatory sanction for prosecution of public servant for acts done in discharge of official duty is illegal and amounts to abuse of process.

19 Jun 2019

The State of Maharashtra, through A.R. Mulik, a Sub-Inspector in the Excise Department, filed a writ petition challenging the order dated 09.10.2002 p...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Age of Victim and Ingredients of Offences Beyond Reasonable Doubt. Acquittal of Accused for Offences Under Sections 366 and 376(2)(j) of IPC and Sections 5(l) and 6 of POCSO Act Upheld Due to Lack of Evidence on Age and Absence of Corroboration.

4 Nov 2022

The State of Karnataka appealed against the judgment of acquittal dated 30.01.2020 passed by the Special Judge, Uttara Kannada, Karwar, in Special Cas...

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Private Complaint in Murder Case. Magistrate's Order to Restore Complaint After Dismissal for Default Held Not Barred by Section 362 Cr.P.C. as It Was Not a Review but a Recall of an Ex-Parte Order.

13 Jun 2013

The petitioner, Dinkar Suryabhanrao Shinde, a Police Circle Inspector, filed a Criminal Writ Petition under Section 482 Cr.P.C. and Article 227 of the...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Inconsistencies in Victim's Testimony and Lack of Corroboration Lead to Confirmation of Acquittal Under Sections 376(1), 342, 506 IPC and Sections 4, 8, 12 of POCSO Act, 2012.

23 Mar 2022

The State of Karnataka filed an appeal under Section 378(1) & (3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dated...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection.

11 Dec 2013

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of...

High Court

Bombay High Court Dismisses State's Appeal Against Acquittal in Murder Case Due to Unreliable Witness Testimony. Acquittal of four accused under Section 302 read with Section 34 IPC upheld as prosecution failed to prove motive and common intention beyond reasonable doubt.

7 Apr 2005

The State of Maharashtra appealed against the acquittal of four accused persons (Mahadeo Laxman Sarane, Raju Laxman Sarane, Basu Laxman Sarane, and Si...

High Court

High Court of Judicature at Bombay Considers Assessee's Belated Challenge to Penalty Notice in Income Tax Appeal; Court Examines Whether 30-Year-Old Defect in Notice Under Section 271(1)(c) Can Vitiate Penalty Absent Prejudice. The court focused on the threshold test of factual prejudice and whether a technical plea not raised before lower forums can be urged in a Section 260A appeal.

11 Jan 2024

The appeal before the High Court of Judicature at Bombay arose under Section 260A of the Income-tax Act, 1961, challenging the order of the Income-tax...

High Court

KAHC010352992020_1

31 May 2022

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