Search Results for "Section 195 IPC"

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Search Results for "Section 195 IPC"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Hostel Owner in Raid Case Due to Procedural Bar Under Section 195 CrPC and Lack of Ingredients for Section 353 IPC. Court holds that cognizance under Section 186 IPC without written complaint by public servant is barred, and FIR under Section 353 IPC lacked allegations of assault or criminal force.

6 Jan 2025

The appellant, B.N. John, was the owner and manager of a hostel run by Sampoorna Development India for underprivileged children. On 03.06.2015, offici...

Supreme Court

Supreme Court Allows Appeals in NDPS Evidence Tampering Case — High Court's Quashing of Cognizance Upheld but Direction for De Novo Proceedings Set Aside. Section 195(1)(b) CrPC Bar Applies to Offences Involving Court Property Under Custodia Legis, but High Court Cannot Order Fresh Proceedings Without Proper Complaint.

6 Dec 2024

The case originates from a 1990 NDPS case where an Australian national, Andrew Salvatore, was convicted for possessing charas. During appeal, the High...

Supreme Court

Supreme Court Dismisses Appeal in Forgery Complaint Case Upholding Bar Under Section 195 CrPC. Private Complaint Alleging Forgery of Documents Later Filed in Court Proceedings Held Barred Unless Filed by Court in Writing, Appellant Directed to Proceed Under Section 340 CrPC.

12 Apr 2023

The appeal arose from a narrow canvass concerning a private complaint alleging forgery. The appellant had filed a complaint against the respondents al...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

High Court

Bombay High Court Grants Leave to Defend in Commercial Summary Suit for Recovery Under Deed of Cancellation — Triable Issues Raised Regarding Validity of Agreement and Quantum of Amount. The court held that the defendant raised substantial triable issues entitling unconditional leave to defend under Order XXXVII CPC.

12 Dec 2019

The plaintiff, Dimples Infra, a registered partnership firm engaged in property development, filed a commercial summary suit against the defendant, He...

High Court

Bombay High Court Quashes Criminal Proceedings in Forgery and Cheating Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Alleging Forged Medical Certificates Used for Bail Cannot Proceed Without Proper Sanction as Offences Under Sections 191-193 IPC Are Cognizable Only on Complaint by Court.

6 Jun 2019

The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

High Court

Bombay High Court Allows Application for Perjury Proceedings Against Respondents in Writ Petition for Filing False Affidavits. Court holds that filing false affidavits amounts to contempt and perjury, and the court can initiate proceedings under Section 340 CrPC without hearing the accused at the preliminary stage.

22 Dec 2018

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by the appli...

High Court

Bombay High Court Quashes Process Under Section 193 IPC Against Accused in False Statement Case — Statements Made in Departmental Enquiry Not Before Court of Law. Section 193 IPC Requires False Evidence in Judicial Proceedings; Statements Before Departmental Enquiry Do Not Attract Offence.

27 Aug 2018

The petitioner, Appasaheb Baburao Shinde, was the original accused No.4 in a complaint filed by respondent No.2, Sachin Mahadeo Vaidya, before the Jud...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Prima Facie Case — Complaint Alleging Forgery and Cheating Dismissed as Civil Dispute. The court held that where the dispute is predominantly civil in nature and the criminal complaint is filed to pressurize the opposite party, the proceedings are liable to be quashed under Section 482 CrPC.

1 Feb 2017

The petitioners, Balaji Trading Company and its partners, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

Bombay High Court Quashes Criminal Proceedings Against Husband in Forgery Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. The court held that the complaint under Sections 193, 465, 471 IPC did not disclose the essential ingredients of forgery or giving false evidence, and the dispute was essentially civil.

14 Mar 2014

The applicant, Manoj Suresh Deware, is the husband of the non-applicant no.2, Sonali Deware. He filed a Criminal Application under Section 482 of the ...

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