Search Results for "summoning Magistrate"

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Search Results for "summoning Magistrate"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

Supreme Court

Supreme Court Dismisses Appeal Against Quashing of Second Criminal Complaint for Defamation — Second Complaint on Identical Facts Not Maintainable Without Setting Aside Earlier Dismissal Order. Filing of second complaint under Sections 499 and 500 IPC after dismissal of first complaint on merits and withdrawal of revision is barred; Magistrate's application of judicial mind, even if erroneous, does not permit second complaint.

29 Nov 2022

The appellant, B.R.K. Aathithan, filed a criminal complaint under Sections 499 and 500 IPC against the respondents, Sun Group and another, alleging de...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

High Court

Bombay High Court Quashes Criminal Process in Cheque Dishonour Case Due to Civil Nature of Dispute. Failure to Pay Under Consent Terms Does Not Attract Criminal Liability Under Section 138 of Negotiable Instruments Act, 1881 When Dispute is Essentially Civil.

1 Oct 2019

The petitioners, Nirman Raltors and Developers Ltd. and two individuals, filed a writ petition challenging an order dated 06.09.2018 passed by the Jud...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2019

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019...

Supreme Court

Supreme Court Allows Magistrate to Order Voice Sample of Accused in Criminal Investigation. Article 20(3) Does Not Bar Compelled Voice Sample as It Is Not Testimonial Evidence Under Section 53 CrPC.

2 Aug 2019

The case arises from an FIR lodged on 7th December 2009 at Sadar Bazar Police Station, Saharanpur, Uttar Pradesh, alleging that Dhoom Singh and appell...

High Court

Bombay High Court Upholds Conviction of Doctor under PCPNDT Act for Violations of Record-Keeping and Disclosure Norms — Sentence Reduced to Period Already Undergone. The court held that failure to maintain proper records and disclose sex of fetus constitutes contravention of Sections 5(2), 6, and 4(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, read with relevant Rules.

30 Nov 2017

The revision petition was filed by Dr. Kavita Pramod Kamble (Londhe), the original accused in Regular Criminal Case No.318 of 2011, challenging her co...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

23 Nov 2017

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

High Court

Bombay High Court Quashes Defamation Case Against Chairman and Managing Director of Indian Express for Lack of Vicarious Liability in News Publication. The court held that under Section 7 of the Press and Registration of Books Act, 1867, only the Editor or Resident Editor whose name is printed is presumed responsible for publication, and the Chairman and Managing Director cannot be held liable without specific allegations.

5 Aug 2016

The applicant, Mr. Vivek Goenka, the Chairman and Managing Director of Indian Express Newspapers (Mumbai) Ltd., filed an application under Section 482...

High Court

High Court of Karnataka Allows Recall of Witness Under Section 311 CrPC in NI Act Case — Demand Promissory Note and Receipt Essential for Just Decision. The court held that the Magistrate erred in dismissing the application for recall of PW-1 to produce a demand promissory note and receipt, as these documents were essential for the just decision of the case under Section 138 of the Negotiable Instruments Act, 1881.

13 Mar 2015

The petitioner, Sri Chandrakanth, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) against the respondent, S...

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