Search Results for "Abuse of process"

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Search Results for "Abuse of process"

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Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Upholds High Court's Quashing of FIR in Property Dispute Except for Extortion Allegations. The Court affirmed that allegations involving execution of powers of attorney and settlement deeds were civil in nature and did not constitute criminal offences under Sections 465, 467, 468, and 120B of the Indian Penal Code, 1860, while allowing investigation under Section 385 IPC for extortion demands.

12 Nov 2021

The Supreme Court dealt with appeals arising from a High Court judgment that quashed an FIR under Section 482 of the Code of Criminal Procedure, 1973,...

Supreme Court

Supreme Court Reinstates FIR in Abetment of Suicide Case Against Government Officer. High Court's Quashing of Proceedings Under Section 482 CrPC Set Aside as Allegations in Suicide Note and Complaint Disclosed Prima Facie Offence Under Section 306 IPC Requiring Investigation.

29 Oct 2021

The Supreme Court of India heard criminal appeals arising from the High Court of Karnataka's judgment quashing an FIR and related proceedings under Se...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

Supreme Court

Supreme Court Quashes FIR Against Physical Training Teacher in Student Suicide Case Due to Insufficient Evidence for Abetment. Allegations of Harassment Without Active Instigation or Intentional Aiding Do Not Prima Facie Constitute Offence Under Section 306 IPC Read with Section 107 IPC, Leading to Quashing Under Section 482 CrPC.

5 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition, where the appellant, a Physical Training Teacher and member ...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

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