Search Results for "Section 48"

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Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
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Search Results for "Section 48"

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Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Dismisses Application Seeking Clarification on Wildlife Protection Advisory - Upholds Amnesty Scheme and Immunity from Prosecution. Court held that Advisory dated 11.06.2020 remains valid as amnesty scheme under Wild Life (Protection) Act, 1972, and declarants are immune from prosecution under Amendment Act due to constitutional prohibition on retroactive criminal legislation under Article 20(1).

27 Mar 2023

The Supreme Court of India dismissed a miscellaneous application seeking clarification of its earlier order dated 08.08.2022 regarding the Wildlife (P...

Supreme Court

Supreme Court Dismisses Intervenor's Application for Clarification of Earlier Judgment in Unrelated CBI Enquiry Matter. Applicant Lacked Locus Standi as Allegations Pertained to Separate Contractual Force Majeure Issue Under COVID-19, Unconnected to Prior Case Between Different Parties.

24 Mar 2023

The Supreme Court dealt with a miscellaneous application filed by an intervenor seeking clarification of its earlier order dated 03.08.2022 in Crimina...

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 Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Medical Practitioner Under Drugs and Cosmetics Act, 1940 Due to Exemption Under Schedule K of Drugs and Cosmetics Rules, 1945. Registered Medical Practitioner Found with Small Quantity of Medicines for Patient Treatment Was Not Stocking for Sale Under Section 18(c) of Drugs and Cosmetics Act, 1940.

15 Mar 2023

The Supreme Court considered an appeal by a registered medical practitioner challenging criminal proceedings initiated against her under the Drugs and...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

1 Mar 2023

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

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