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Search Results for "Quashing of order"

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High Court

High Court of Karnataka Allows State's Petition to Quash Trial Court Order Dismissing Police Application Under Section 10 of KCOCA. Court Holds That Sanction Under Section 10 Is Not Required for Investigation, Only for Prosecution.

21 Nov 2022

The State of Karnataka, through the Mangaluru East (Kadri) Police Station, filed three criminal petitions under Section 482 of the Code of Criminal Pr...

High Court

High Court of Karnataka Quashes Magistrate's Order Under Section 156(3) Cr.P.C. for Lack of Application of Mind — Private Complaint Filed Under Section 200 Cr.P.C. Cannot Be Converted to Section 156(3) Cr.P.C. Without Recording Reasons. The Magistrate's mechanical order directing investigation without reasons was set aside and matter remitted for fresh consideration.

7 Sep 2022

The petitioner, Shivakumar, filed a private complaint under Section 200 Cr.P.C. in PCR No.164/2022 before the JMFC Court, Vijaypura, alleging that his...

High Court

High Court of Karnataka Quashes Government's Refusal to Grant Sanction to Prosecute Police Inspector in Disproportionate Assets Case — Failure to Consider Relevant Material and Application of Mind Renders Sanction Order Invalid. The court held that the order refusing sanction under Section 19 of the Prevention of Corruption Act, 1988 must be based on consideration of all material and a reasoned decision, and directed reconsideration within three months.

13 Dec 2021

The petitioner, Karnataka Lokayukta Police represented by its Police Inspector/Investigating Officer, filed a writ petition under Articles 226 and 227...

High Court

High Court of Karnataka Quashes Permission Granted Under Section 4(2) of PTCL Act for Non-Compliance with Government Circulars. Revenue Authorities Failed to Follow Mandatory Guidelines Requiring Prior Approval from Deputy Commissioner Before Granting Permission for Transfer of Granted Lands.

1 Oct 2021

The petitioners, A K Chikkaveerappa and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of...

High Court

High Court of Karnataka Quashes Order in Negotiable Instruments Act Case Due to Compromise — Petitioner Allowed to Withdraw Amount Deposited. Settlement Reached for Rs.33 Lakhs in Installments, Court Permits Withdrawal of Rs.6 Lakhs Already Deposited.

20 Sep 2021

The petitioner, Ms. Shally M. Peter, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order d...

High Court

High Court of Karnataka Quashes Lok Adalat Award in Non-Compoundable Excise Offence Case — Lok Adalat Lacks Jurisdiction to Determine Non-Compoundable Offences. Reference by Magistrate to Lok Adalat for Non-Compoundable Offence Under Sections 32 and 34 of Karnataka Excise Act, 1965 Held Without Jurisdiction.

11 Jun 2021

The State of Karnataka, through Akkur Police Station, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

High Court

High Court of Karnataka Quashes Assistant Commissioner's Order in SC/ST Act Case for Violation of Natural Justice and Lack of Jurisdiction. Order passed without notice to petitioners and without proper inquiry under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

15 Mar 2021

The case involves a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India challenging an order dated 18.02.2020 passed...

High Court

High Court of Karnataka Quashes Rejection of Expert Opinion Application in NI Act Case — Handwriting Expert Evidence Must Be Considered at Appropriate Stage. Trial Court's Order Rejecting IA Under Section 45 of Evidence Act Set Aside, Matter Remanded for Fresh Consideration.

13 Jan 2021

The petitioner, Basanagouda Patil, filed a criminal petition under Section 482 Cr.P.C. challenging the order dated 28.11.2017 passed by the Civil Judg...

High Court

Bombay High Court Quashes De Novo Trial Order in NI Act Case — Trial Not Conducted as Summary Case, No Need for De Novo Trial. The trial court misconstrued the ratio of Nitinbhai Saevatilal Shah v. Manubhai Manjibhai Panchal and erred in ordering de novo trial under Section 138 of the Negotiable Instruments Act, 1881.

30 Jul 2013

The applicant, Roopchand Daryanomal Jani, was the complainant in Summary Case No. 4271/2008 pending before the 23rd J.M.F.C. & Spl Court for offences ...

High Court

Bombay High Court Allows Quashing of Magistrate's Order Rejecting Bail in RCC No.2/2013 — Right to Furnish Bail Does Not Forfeit Upon Filing of Charge Sheet. The court held that the accused's right to be released on bail continues even after charge sheet is filed, and the Magistrate must consider the bail application on its merits under Section 437 CrPC.

5 Mar 2013

The applicant, Smt. Padmabai Dattatraya Bhojne, filed a Criminal Application under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad,...

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