Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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High Court

Gujarat High Court Allows Revision and Quashes Proceedings in Securities Contracts (Regulation) Act Case Due to Invalid Cognizance. Cognizance on Police Report Barred Under Section 26 of SCRA, 1956 — Proceedings in Sessions Case No.20/2019 Quashed.

20 Mar 2026

The applicants, original accused in FIR No.II-34/2018 registered at Keshod Police Station, were charged with offences under Sections 4 and 5 of the Ga...

High Court

High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

27 Jan 2026

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

Supreme Court

Supreme Court Grants Anticipatory Bail to Accused in IPC Forgery and Cheating Case - Sets Aside High Court's Rejection Order. Appellant Entitled to Pre-Arrest Bail Under Section 438 CrPC with Conditions Including Cooperation with Investigation for Offences Under Sections 420, 465, 468, 471, 120-B, 467 IPC.

7 Mar 2022

The Supreme Court heard an appeal challenging the High Court's rejection of an anticipatory bail application. The appellant, apprehending arrest in co...

High Court

Bombay High Court Grants Pre-Arrest Bail to Applicant in Stalking and Obscene Material Case - Investigation Complete, No Custodial Interrogation Required. Applicant, editor and social activist, entitled to anticipatory bail under Section 438 CrPC for offences under Section 354-D IPC and Section 67A IT Act as investigation was complete and no custodial interrogation was necessary.

7 Jan 2021

The applicant, Pramod Anand Dhumal, an editor of a local Marathi weekly newspaper and a social activist, filed an application for anticipatory bail un...

High Court

Bombay High Court Allows Default Bail to Accused in Murder Case Under Section 167(2) CrPC Due to Investigation Delay. Statutory Right to Default Bail Cannot Be Denied Even When Investigation Under MCOCA Is Pending, as Charge Sheet Was Filed After the Application for Default Bail.

23 Aug 2016

The petitioner, Pankaj Sundarlal Yadav, was accused No.7 in Crime No.113/2015 registered at Police Station Gondia for offences under Section 302 read ...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in MVAT Act and IPC Fraud Case — No Custodial Interrogation Required as Documents Seized. Court Held That Since Documents Were Already Seized and Applicant Was Not Required for Custodial Interrogation, Anticipatory Bail Under Section 438 CrPC Could Be Granted.

9 May 2013

The applicant, Hasmukh Jagasi Visharia, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in...

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that a second appeal cannot be entertained on questions of fact when both lower courts have concurrently found that the plaintiffs proved their title and possession over the suit property.

30 Nov -0001

The case pertains to a property dispute between the appellants (defendants) and the respondents (plaintiffs) over a piece of land in Sankhalim, Goa. T...

High Court

Bombay High Court Allows Anticipatory Bail in Unlawful Activities Case Due to Lack of Prima Facie Evidence of Terrorist Act. Applicants Granted Pre-Arrest Bail Under Section 438 CrPC as Allegations of Waging War Against Government and Unlawful Activities Not Substantiated.

30 Nov -0001

The judgment pertains to multiple criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory ba...

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