Search Results for "summoning order"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "summoning order"

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High Court

Bombay High Court Allows Revision Against Sessions Court Order in MPID Act Case — BNSS Not Applicable to Proceedings Initiated Under Cr.P.C. The court held that the complaint under Section 156(3) Cr.P.C. is a continuation of the original complaint filed before EOW when Cr.P.C. was in force, and thus BNSS does not apply due to Section 531 BNSS.

11 Jun 2026

The applicants filed a complaint with the Economic Offences Wing (EOW), Nagpur on 21/09/2023 for registration of an offence under Section 3 of the Mah...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Medical Billing Dispute — Allegations of Cheating and Criminal Breach of Trust Found Baseless as Billing Error Was Inadvertent and Refund Offered. The Court held that the ingredients of Sections 405, 420, and 120B IPC were not satisfied, and the dispute was civil in nature.

12 May 2026

The present appeals arose from a complaint filed by the second respondent (complainant) regarding the medical treatment of his mother at Narayana Mult...

High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

High Court

High Court of Karnataka Dismisses Petitions Under Section 482 CrPC Seeking Production of Documents in CBI Case — Petitions Held Not Maintainable as Trial Court Had Already Rejected Similar Applications and No New Grounds Were Raised.

24 Jul 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by Aravind Sankar Navalgund and Keshav...

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 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...

Supreme Court

Supreme Court Allows Summoning of Foreign Doctor as Witness in Dowry Death Case — Emphasizes That Evidence Essential for Just Decision Cannot Be Denied on Ground of Delay. The court held that Section 311 CrPC empowers the court to summon any person if his evidence appears essential to the just decision of the case, and the Trial Court's rejection on ground of delay was not judicious.

16 Apr 2019

The appellant, mother of the deceased, sought to summon Dr. I. Yusuf, who conducted the first post-mortem in Nigeria, as a witness under Section 311 C...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Section 91 CrPC for Call Data Records in Sheena Bora Murder Case. Court Held That Accused Cannot Seek Production of Documents Not Relied Upon by Prosecution at Pre-Trial Stage.

19 Jan 2018

The petitioner, Pratim @ Peter Mukherjea, accused No.8 in Special Case No.9 of 2016 arising from the Sheena Bora murder case, filed a writ petition ch...

High Court

High Court of Karnataka Quashes Summons Against Directors in Cheque Bounce Case Due to Lack of Specific Allegations. Vicarious liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed without averring that the director was in charge of and responsible for the conduct of the business.

25 Apr 2014

The respondent/complainant filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Pen...

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