Search Results for "IPC 389"

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

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Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

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Bombay High Court Quashes FIR in Atrocities Case Due to Lack of Public View Element and Civil Dispute Nature. Alleged Caste-Based Insult Inside Police Station Not in Public View Under Section 3(1)(x) of SC/ST Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.2/2012 reg...

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Gujarat High Court Quashes FIR in Cheating and Extortion Case Due to Civil Dispute and Delayed Filing. Court holds that criminal proceedings cannot be used as a tool for recovery of money in a consensual relationship.

The applicant, Ujwala Prakash Sahare, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 seeking qua...

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Supreme Court Dismisses Petition for Transfer of Investigation in Rape Case Against IPS Officer. Investigation by Crime Branch allowed to continue as charge-sheet already filed and no bias established.

The petitioner, a woman, filed a writ petition seeking transfer of investigation from Delhi Police to an independent central agency in connection with...

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Supreme Court Acquits Accused in SC/ST Act Case Due to Inconsistent Evidence and Lack of Public View. Land Dispute and Caste-Based Allegations Fail to Sustain Conviction Under SC & ST Act

Criminal Law-- Indian Penal Code, 1860, Sections 363, 366, 506 and 376-- Protection of Children from Sexual Offences Act, 2012(POCSO)- Section 4-- The...

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Bombay High Court Acquits Accused in Child Molestation Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 354 and 448 IPC Set Aside as Prosecutrix's Evidence Contradicted by Mother's Testimony and Medical Report.

The appellant, Devanand Govinda Gayakwad, was convicted by the trial court for offences under Sections 354 and 448 of the Indian Penal Code (IPC) for ...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Custodial Death Case. Court holds that investigation by CB-CID is independent and fair, and no ground for transfer to CBI is made out.

The petitioner, Ramprasad Gupta, filed a criminal writ petition before the Bombay High Court seeking transfer of investigation into the custodial deat...