Search Results for "Common Intention"

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Supreme Court Allows Tax Classification Appeal -- 'Appellants Product' Held as F...
Supreme Court Dismisses Appeal in Land Regularization Dispute Under U.P. Zaminda...
Supreme Court Upholds Hereditary Pujari Rights in Century-Old Temple Dispute -- ...
Supreme Court Quashes FIR in Property Joint Venture Dispute -- Criminal Proceedi...
Supreme Court Upholds Conviction of Appellants in Murder Case Under IPC Section ...

Search Results for "Common Intention"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Former Gujarat Minister in Corruption Case – No Evidence of Demand or Acceptance of Bribe

27 Feb 2025

Prevention of Corruption Act, 1988 – Sections 7, 13(1)(d), 13(2) – CrPC Section 482 – Discharge Application – Prima Facie Case – Illegal Gra...

Supreme Court

Acquittal in Murder Case Based on Incomplete Circumstantial Evidence. Supreme Court Overturns Conviction Due to Broken Chain of Circumstantial Evidence and Lack of Motive

24 Feb 2025

The Supreme Court allowed the appeal and acquitted the appellant of all charges. The Court held that the prosecution failed to establish a complete ...

Supreme Court

Supreme Court Reinstates Conviction in Wife’s Murder Case, Overturns High Court’s Acquittal. Tagline Child Witness’s Testimony Deemed Reliable; Circumstantial Evidence and Accused’s Silence Under Section 106 of Evidence Act Seal Conviction

24 Feb 2025

Child Witness : Competency, Tutoring, Corroboration-The Supreme Court held that the testimony of a child witness is admissible if the child is c...

High Court

Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

14 Feb 2025

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

Supreme Court

Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

4 Feb 2025

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Constable Acquitted in Murder Case – Absence of Common Intention Precludes Conviction.

28 Jan 2025

Constitution of India – Code of Criminal Procedure, 1973 – Indian Penal Code, 1860 – Arms Act, 1959Section 302 read with Section 34 IPC – Sect...

Supreme Court

"Justice Upheld: Supreme Court Convicts Four in Coordinated Fatal Assault" The judgment reaffirms that minor discrepancies in evidence cannot overshadow substantive guilt.

22 Jan 2025

The Supreme Court of India affirmed the conviction of four appellants under Section 302 read with Section 34 of the IPC, overturning the trial court's...

Supreme Court

No Vicarious Liability of Company Directors in Environmental Violation.

2 Jan 2025

Quashing of Criminal Proceedings – No Vicarious Liability Without Statutory Provision – The Supreme Court quashed criminal proceedings initiated a...

High Court

"Bombay High Court Upholds Trial Court Acquittal in Civil Dispute-Turned Criminal Case" "Court emphasizes lack of reliable evidence, rejects prosecution case citing contradictions and civil dispute context."

20 Dec 2024

The Bombay High Court dismissed the State's appeal challenging the acquittal of two accused by the Trial Court. The case, rooted in a civil property d...

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