Search Results for "abuse of process"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...

Search Results for "abuse of process"

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Supreme Court

Supreme Court Upholds Reference of Questions of Law to Larger Bench in Review Petition — Maintainability of Reference Affirmed. The Court held that its power to refer questions of law to a larger bench in a review petition is not barred by Order XLVII of the Supreme Court Rules, 2013, and can be exercised under Article 142 to do complete justice.

10 Feb 2020

The judgment arises from a reference made by a three-judge bench in review petitions against the Supreme Court's 2018 judgment in Indian Young Lawyers...

Supreme Court

Supreme Court Allows Appeal and Quashes Criminal Complaint in Forgery Case. Civil Appellate Court's Finding That Document Was Genuine Removes Substratum of Criminal Prosecution Under Sections 420, 467, 468, 471 IPC.

10 Feb 2020

The appellants filed an application under Section 482 Cr.P.C. seeking quashing of Complaint Case No. 2705/2003 filed by the respondent no.2 under Sect...

Supreme Court

Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

10 Feb 2020

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

Supreme Court

Supreme Court Quashes Criminal Proceedings in POSCO Case Due to Malicious Prosecution — Complaint Filed with Ulterior Motive to Settle Property Dispute. The Court held that where a criminal complaint is manifestly attended with mala fide and maliciously instituted to wreak vengeance due to private grudge, it is an abuse of process and liable to be quashed under Section 482 CrPC.

31 Jan 2020

The appeal arose from a property dispute between the families of the appellants and the respondent-complainant. A civil suit for partition was pending...

Supreme Court

Supreme Court Dismisses Appellant's Appeal in Specific Performance Suit Due to Repeated Delays in Filing Written Statement. Unamended Order VIII Rule 1 CPC is Directory but Gross Negligence Justifies Striking Off Defence.

17 Jan 2020

The Supreme Court dismissed the appeal filed by Desh Raj against the order of the Delhi High Court which upheld the Civil Court's decision to close hi...

Supreme Court

Supreme Court Upholds Quashing of 10,323 Teacher Appointments in Tripura for Nepotism and Illegality, Directs Fresh Selection Process. The Court affirmed that the selection process was arbitrary and violated constitutional guarantees of equality, and that the creation of 12,000 non-teaching posts was a prima facie circumvention of court orders.

1 Jan 2020

The case involves a challenge to the selection of 10,323 teachers by the Government of Tripura pursuant to advertisements in 2002, 2006, and 2009. The...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

1 Jan 2020

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

Supreme Court

Supreme Court Allows Quashing of Non-Compoundable Offences Based on Compromise in Matrimonial Dispute. The Court held that the High Court's inherent power under Section 482 CrPC can be exercised to quash proceedings for non-compoundable offences when parties have genuinely settled the dispute and the offence is not heinous or against society.

1 Jan 2020

The appeal arose from a criminal case where the appellants were charged under Section 493 IPC and Section 3/4 of the Dowry Prohibition Act based on an...

Supreme Court

Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

1 Jan 2020

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

Supreme Court

Supreme Court Restores Charges Against Retired Bank Official in CBI Corruption Case — Prima Facie Evidence of Criminal Conspiracy and Abuse of Official Position. The Court held that the High Court erred in discharging the accused at the pre-charge stage despite material indicating dishonest intention and violation of banking norms under the IPC and Prevention of Corruption Act.

5 Dec 2019

The Supreme Court allowed the appeal filed by the Station House Officer, CBI/ACB/Bangalore, against the judgment of the High Court of Karnataka which ...

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