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Search Results for "Section 195 CrPC bar"

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Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

High Court

Bombay High Court Quashes Criminal Proceedings for Violation of Election Code of Conduct Under Section 188 IPC — Lack of Sanction Under Section 195 CrPC Renders Prosecution Unsustainable. The court held that without a complaint by the public servant who issued the order, the prosecution under Section 188 IPC cannot be sustained.

10 Nov 2023

The applicant, Swaraj @ Raj Shrikant Thackeray, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Order Allowing Production of Additional Documents in RAE&R Suit. Court Held That Mere Production of Documents Without Ruling on Admissibility Does Not Cause Prejudice to Petitioners.

4 May 2023

The case involves four writ petitions filed by the petitioners challenging an order dated 1 August 2022 passed by the learned Judge, Small Causes Cour...

High Court

Karnataka High Court Considers Validity of Sanction for Prosecution in Discharge Petitions Filed by Accused Including a Cabinet Minister Under the Income Tax Act. Principal Question Examined: Whether the Principal Director of Income Tax is Competent to Grant Sanction Under Section 279 of the Income Tax Act, 1961.

12 Nov 2019

The matter pertained to three criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, by ac...

High Court

Bombay High Court Dismisses Complainant's Petition Challenging Quashing of Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Magistrate Cannot Take Cognizance of Forgery of Document Produced in Civil Suit Without Complaint by That Court Under Section 340 CrPC.

18 Jun 2019

The petitioner, Anil Anant Karkhanis, was the original complainant in Regular Criminal Case No.155 of 2003 filed before the Chief Judicial Magistrate,...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against BJP Candidate for Alleged Election Offences Due to Lack of Sanction Under Section 196 CrPC. Proceedings under Sections 171E, 171F IPC and Section 125 RP Act quashed as complaint was filed by a Flying Squad Chief without requisite sanction from the Election Commission.

16 Apr 2018

The petitioner, Thipparaju S/o Siddappa Hawaldar, a BJP candidate for the Raichur Rural Constituency in the 2013 Karnataka Assembly elections, filed a...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Prima Facie Case — Complaint Alleging Forgery and Cheating Dismissed as Civil Dispute. The court held that where the dispute is predominantly civil in nature and the criminal complaint is filed to pressurize the opposite party, the proceedings are liable to be quashed under Section 482 CrPC.

1 Feb 2017

The petitioners, Balaji Trading Company and its partners, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

High Court

High Court of Karnataka Adjudicates Death Sentence Confirmation and Appeals against Conviction in 2000 Church Bomb Blast. Accused were convicted under Sections 120-B, 121-A, 124-A, 153-A IPC by Trial Court for conspiracy and bomb blast at St. Peter and Paul Church, Bangalore.

17 Dec 2014

The High Court of Karnataka at Bengaluru heard together a criminal reference for confirmation of death sentence and two criminal appeals arising from ...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Revisional Order Setting Aside Magistrate's Direction for Police Investigation Under Section 156(3) CrPC. The Court Held That the Magistrate's Power to Order Investigation Is Not Barred by Pendency of Civil Proceedings and the Revisional Court Erred in Setting Aside the Order Without Hearing the Complainant.

14 Oct 2011

The petitioner, Syed Muzaffaruddin Khan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India challenging the judgme...

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