Search Results for "abuse of process of court"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Dismisses Banks' Applications for Recall of Judgment in RTI Disclosure Case. Recall applications were held not maintainable as they were essentially review petitions in disguise, with no provision for recall under Supreme Court Rules, 2013, and banks had not impleaded themselves earlier in the dispute over RBI's duty to disclose information under Right to Information Act, 2005.

28 Apr 2021

The dispute originated from the Reserve Bank of India's refusal to disclose information under the Right to Information Act, 2005, citing exemptions un...

Supreme Court

Supreme Court Convicts Contemnors for Scandalous Allegations Against Judges in Suo Motu Contempt Proceedings. The Court upheld its inherent power under Article 129 to punish for contempt, rejecting procedural objections under the Contempt of Courts Act, 1971.

27 Apr 2020

The Supreme Court of India initiated suo motu contempt proceedings against Vijay Kurle, Rashid Khan Pathan, and Nilesh Ojha for sending letters contai...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

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