Search Results for "Section 403 CrPC"

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Supreme Court Sets Aside High Court's Direction to Register FIR in Criminal Appeal. Remedy for Non-Registration Lies Before Magistrate Under Section 156(3) CrPC, Not Under Article 226.

The Supreme Court allowed an appeal against the Madurai Bench of Madras High Court's order directing registration of an FIR based on a complaint. The ...

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Bombay High Court Allows Transfer of 77 FIRs Against Credit Society Office Bearers to Single MPID Court for Consolidated Trial. Multiplicity of proceedings avoided to ensure fair and expeditious trial under Section 406 CrPC and MPID Act.

The petitioners, office bearers and employees of Bhaichand Hirachand Raisoni Multi State Credit Society, filed a writ petition under Article 226 of th...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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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.

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...

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High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

The judgment involves multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking quashi...

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High Court of Karnataka Quashes Cognizance Order in Matrimonial Dispute Due to Inordinate Delay and Lack of Explanation — Section 468 CrPC Limitation Bars Prosecution for Offences Under Sections 498A, 494, 506 IPC Alleged After 24 Years.

The petitioner, Mahesh R., filed a criminal petition under Section 482 CrPC seeking to quash the order of cognizance taken by the IV Additional Senior...

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Bombay High Court Quashes FIR Against Married Sister-in-Law and Husband in Dowry Harassment Case Under Section 498A IPC. Routine Inclusion of All Relatives Without Specific Allegations Amounts to Abuse of Process, Court Invokes Inherent Powers Under Section 482 CrPC.

The case involved a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by five applicants seeking quashing of FIR C...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...