Search Results for "Quashing of Process"

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Search Results for "Quashing of Process"

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High Court

Bombay High Court Quashes Section 307 IPC in Land Dispute Case — No Intent to Kill Found. Magistrate's Order to Issue Process Under Section 307 IPC Set Aside as Allegations of Strangulation Were Not Supported by Investigation and No Intention to Cause Death Was Evident.

16 Oct 2019

The petitioners, original accused in a criminal case, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challengin...

High Court

Bombay High Court Quashes Process and Bailable Warrant in Cheque Dishonour Case Due to Non-Application of Mind. Court holds that issuance of process under Section 138 of Negotiable Instruments Act, 1881 without recording satisfaction as to existence of legally enforceable debt or liability is unsustainable.

4 Oct 2019

The applicant, Hemant Mohan Agarwal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the o...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

Bombay High Court Quashes Process Against Accused in Bigamy Case for Lack of Prima Facie Evidence of Abetment. Petitioner, accused of abetting bigamy under Section 494 IPC read with Sections 109 and 114 IPC, discharged as complaint lacked specific allegations of his participation in the second marriage ceremony.

23 Sep 2013

The petitioner, Prakash Limbaji Dhole, was accused as Accused No.14 in a private complaint filed by Respondent No.2 (Sampatrao Daulatrao Dhanke) befor...

High Court

Bombay High Court Quashes Process Against Accused in Criminal Trespass Case Due to Lack of Prima Facie Case — Complaint Fails to Disclose Essential Ingredients of Section 447 IPC Read with Section 34 IPC

19 Aug 2013

The petitioners, accused nos. 1 and 2 in C.C. No. 13911/SS/2009 pending before the Metropolitan Magistrate, 65th Court at Andheri, filed a criminal wr...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Donation Agreement Breach Does Not Attract Section 420 IPC as No Dishonest Intention at Inception.

11 Jul 2013

The petitioners, accused No. 1 (The Cosmopolitan Education Society) and accused No. 3 (its President), challenged the order of the Metropolitan Magist...

High Court

Bombay High Court Allows Petition in Defamation Case — Quashing of Process Under Section 500 IPC Set Aside. Complaint Alleging Defamation by Issuance of Cheque Without Sufficient Funds Not Barred by Dishonour of Cheque Proceedings Under Section 138 of Negotiable Instruments Act.

12 Jun 2013

The petitioner, a business entity, filed a criminal complaint against the respondent alleging defamation under Section 500 of the Indian Penal Code, 1...

High Court

Bombay High Court Quashes Process in Indecent Representation of Women Act Case — No Offence Made Out as Alleged Obscene Painting Was Not Published or Distributed. Court holds that mere possession of a painting in a private residence without any element of publication, distribution, or public exhibition does not constitute an offence under Section 4 read with Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986 or Section 292(2)(a) of the Indian Penal Code.

10 May 2013

The petitioner, Chintan Upadhyay, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of C...

High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — No Prima Facie Case of Rash or Negligent Act Under Section 304A IPC. The court held that mere negligence or error of judgment does not constitute criminal negligence; there must be gross lack of competence or recklessness.

5 Oct 2005

The applicant, Dr. Sujoy Das, a part-time General Surgeon at ESI Hospital in Margao, Goa, filed a criminal miscellaneous application under Section 482...

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