Search Results for "Cognizable offences"

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Supreme Court Refused Quashing of FIR but Granted Anticipatory Bail to the Appellant – Allegations of Misuse of Official Position and Criminal Breach of Trust under Indian Penal Code, 1860 (IPC)

The Court emphasized the need for thorough investigation into the allegations of misuse of powers under the Bombay Land Revenue Code, 1879 – Appella...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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Financial Institutions Protected Against Coercive Action in FIRs Across Multiple States. Protection Against Criminal Proceedings for Financial Institutions - Interim Relief Modified and Clarified by Supreme Court

Acts Discussed: Constitution of India, 1950 Article 14 – Equality before the law Article 19 – Right to freedom Article 21 – Right to lif...

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Court Denies Petition to Quash Cheating Charges in E-Rickshaw Sale Case. "Ignorance of Law No Excuse: Court Emphasizes Limited Scope of Quashing Petitions and Upholds Allegations of Cheating"

The Petitioner sought the quashing of criminal proceedings against him for alleged cheating (Section 420 IPC) related to the sale of an unregistered E...

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Arvind Kejriwal Challenges Legality of Arrest Under PML Act: Delhi High Court Appeal. Examining Judicial Safeguards and Proportionality in Arrest Procedures

This appeal, filed by Arvind Kejriwal, challenges the legality of his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Preventio...

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Court Rejects Bail Applications in NDPS Cases Despite Absence of FSL Report in Chargesheet. Chargesheet Considered Complete Without FSL Report; Legal Precedents and Procedural Compliance Upheld

The court examined bail applications under the NDPS Act, focusing on whether a charge-sheet filed within 180 days without an FSL report entitled the a...

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High Court Quashes Proceedings in Dowry Harassment Case. Court Finds Repetitive Allegations and Misuse of Law for Personal Vendetta

The Applicants sought to quash the proceedings in R.C.C. No. 2018 of 2013 before the Judicial Magistrate First Class (J.M.F.C.), Pimpri, Pune. These p...