Search Results for "section 397 crpc"

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Search Results for "section 397 crpc"

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High Court

Bombay High Court Dismisses DRI Appeal Against Acquittal in Gold Smuggling Case — Conscious Possession Not Proved. Trial Court's acquittal upheld as prosecution failed to establish that respondent had knowledge and control over gold bars recovered from her residence.

12 Dec 2024

The case pertains to a criminal appeal filed by the Union of India (through the Directorate of Revenue Intelligence, DRI) against the acquittal of Smt...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Accused in NDPS Case for Non-Compliance with Section 52A — Statement Recorded Without Proper Safeguards Eschewed. The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable.

28 Jul 2023

The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code ...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Rape Case Based on False Promise of Marriage and Coercion. Consent Obtained Under Misconception of Fact or Fear of Defamation is Vitiated and Constitutes Rape Under Section 375 IPC.

12 May 2023

The case arises from a criminal appeal by special leave against the judgment of the Madhya Pradesh High Court dismissing the appellant's revision agai...

High Court

High Court of Karnataka Quashes Magistrate's Order in Animal Cruelty Case — Petitioner NGO Lacks Locus Standi as Informant Not Authorized. Section 482 CrPC Petition Allowed as Complaint Filed by Unauthorized Person Cannot Be Entertained Under Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 428 IPC.

9 Feb 2021

The petitioner, Compassion Unlimited Plus Action, an NGO, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to...

High Court

High Court of Karnataka Acquits Accused in Outraging Modesty Case Due to Inconsistent Evidence. Conviction under Section 354 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

17 Dec 2019

The petitioner, Mohana @ Mohi @ Thimmaiah, was convicted by the Trial Court (C.J. (Sr. Dn.,) and JMFC, Gubbi) in C.C.No.188/2007 for the offence under...

High Court

High Court of Karnataka Acquits Accused in Rash Driving Case Due to Lack of Evidence on Identity and Negligence. Concurrent Conviction Under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Accused Was Driver of KSRTC Bus Involved in Fatal Accident.

13 Dec 2018

The petitioner, Chand Basha, was convicted by the Chief Judicial Magistrate, Bellary, in C.C. No. 165 of 2007 for offences punishable under Sections 2...

High Court

Bombay High Court Quashes Process Issued by Magistrate in Summary Criminal Complaint for Lack of Consideration of Section 202 CrPC Inquiry Report. Magistrate Failed to Apply Mind to Police Report Indicating No Evidence, Rendering Order of Issuance of Process Unsustainable.

17 Jun 2011

The petitioner, Mohd. Raza Hasan, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging the order dated 27.07.2010 pa...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

12 Aug 2010

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

High Court

Bombay High Court Allows Revision Against Quashing of Process in Tobacco Advertisement Case — Held That Complaint Under Section 5 of Cigarettes and Other Tobacco Products Act, 2003 Is Maintainable Against Individuals and Companies for Prohibited Advertisement of Tobacco Products. The Court restored the process issued by the Magistrate, finding that the Sessions Judge erred in quashing the process by conducting a mini-trial at the stage of process.

30 Jul 2010

The petitioner, National Organisation for Tobacco Eradication (NOTE), a registered society, filed a criminal complaint against the respondents (accuse...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

22 Nov 2005

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

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