Search Results for "Quashing of Process"

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Bombay High Court Quashes Process Order Against Public Servants for Lack of Sanction Under Section 197 CrPC. Acts of Demanding Permission to Put Up Society Board Held to Be in Discharge of Official Duty, Requiring Prior Sanction.

The petitioners, five individuals who were office bearers of 'Shri. Sant Tukaram Nagari Sahakari Path Sanstha', a cooperative society, challenged the ...

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Bombay High Court Quashes Process in PCPNDT Act Case Due to Invalid Complaint Filing. Complaint Filed by Unauthorized Officer Without Proper Authorization Under Section 28 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The applicant, Dr. Sandhya Arun Kulkarni, challenged the order of issuance of process passed by the Judicial Magistrate First Class, Chandrapur on 27-...

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Bombay High Court Quashes Process Against Family Members in Cheque Theft and Forgery Case Due to Lack of Prima Facie Evidence. Only the Employee-Accused (Applicant No. 1) Faces Trial Under Sections 381, 468, 469, 471 read with 34 IPC.

The applicants, including Ashok Banarsi and his family members, challenged the order of the learned Additional Chief Judicial Magistrate, Nagpur, date...

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Bombay High Court Quashes Process Against Accused in Cheque Dishonour Case for Lack of Vicarious Liability. Applicant not a Director or signatory to cheque, and complaint lacked specific averments of being in charge of company affairs under Section 141 of Negotiable Instruments Act, 1881.

The applicant, Prakash Koranne, was original accused no. 3 in a complaint filed by Sarvesh Kotwal (non-applicant no. 1) under Section 138 read with Se...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

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Bombay High Court Quashes Process in SC/ST Act Case for Lack of Caste Allegation. Complaint under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 must specifically mention caste of accused and complainant to sustain prosecution.

The petitioners, Dagadu Gorakh Patil and Atul Jayprakash Suryawanshi, were accused in RCC No.7/2012 filed by the respondent Shivaji Jethya Walvi alleg...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Bombay High Court Quashes Process Against STAR TV in Kaun Banega Crorepati Gambling Case. Game Show Held Not to Be Gambling Under Bombay Prevention of Gambling Act, 1887 as It Involves Substantial Skill.

The petitioners, News Television India Ltd. and its directors, challenged the order of the Metropolitan Magistrate, 10th Court, Andheri, Mumbai dated ...