Search Results for "cognizance void"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "cognizance void"

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High Court

High Court Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940.

24 Mar 2026

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of I...

High Court

Gujarat High Court Quashes FIR Against Government Employee for Absence During COVID-19 Pandemic: Section 188 IPC and Disaster Management Act Offences Not Made Out as Order Was Not Promulgated by Public Servant. The court held that an order communicated via WhatsApp and telephonic instructions does not constitute a 'duly promulgated' order under Section 188 IPC, and the order to report to duty was not an order under the Disaster Management Act, 2005.

17 Mar 2026

The present application was filed by Fazal Mohammad Jusabji Khatri, a Deputy Executive Engineer, seeking quashing of FIR No. C. R. 1121101520051 of 20...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

High Court

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.

19 Jul 2024

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...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

High Court

Bombay High Court Dismisses Election Petition Challenging MLA's Election for Non-Disclosure of Criminal Cases. Non-disclosure of pending criminal cases in election affidavit does not automatically vitiate election unless it materially affects the result under Section 33A of Representation of People Act, 1951.

19 Mar 2019

The petitioner, Satyajeet @ Nana Shivajirao Kadam, filed an election petition challenging the election of the respondent, Rajesh Vinayak Kshirsagar, f...

High Court

Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

13 Mar 2019

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

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