Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "cognizance versus charge"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Applicant, a Deputy Registrar, was prosecuted for alleged offences under Sections 406, 420, 467, 468, 471 IPC without prior sanction as required by Section 197 CrPC.

28 Feb 2013

The applicant, Yogiraj Vasantrao Surve, was working as District Deputy Registrar, Cooperative Societies, Akola, and previously as Deputy Registrar, Co...

High Court

Bombay High Court Awards Compensation to Accused for Malicious Prosecution Due to Gross Investigation Lapses. Lapses Included Filing Charge-Sheet Despite Evidence That Alleged Murder Victim Was Alive, Violating Right to Life Under Article 21 of the Constitution.

9 Aug 2017

The case arose from a murder investigation where the petitioner was arrested and prosecuted for the murder of a man named Guddu, whose crushed body wa...

High Court

Bombay High Court Adjudicates Criminal Writ Petition No. 3280 of 2024 — Application Under Section 319 CrPC to Summon Witnesses for Extortion Not Triable Together with Rape Offences

30 Jun 2025

The matter originated from an FIR lodged on 28 January 2014 by the complainant alleging rape and other offences against the petitioners under Sections...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Charge Memo Due to Delay and Quasi-Judicial Functions. The Court Held That Disciplinary Proceedings Initiated After 8 Years for Acts Done in Discharge of Official Duties as Income Tax Officer Were Unjustified and Caused Prejudice to the Employee.

13 Feb 2013

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Admini...

High Court

Bombay High Court Allows Petition Declaring Dismissal Void for Breach of Section 33(1)(b) of Industrial Disputes Act — Employer Dismissed Workman During Pending Conciliation Without Prior Permission. The court held that the order of dismissal passed in violation of the statutory prohibition under Section 33(1)(b) is void ab initio and the workman is entitled to be treated as in continuous service with all consequential benefits.

30 Jan 2023

The petitioner, Rajendra Dwarkanath Bakre, was appointed as a clerk in the Bank of India on 20.01.1984. His services were terminated on 12.02.1991, wh...

High Court

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

7 Mar 2019

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

Supreme Court

Supreme Court Dismisses Appeals Challenging ED Summons Under PMLA — Holds Section 50 Summons Not Subject to Territorial Restrictions of CrPC. Court rules that Section 50 of PMLA is a standalone provision for summoning persons for inquiry, not governed by Sections 160 or 91 CrPC, and that the ED's power to summon is not territorially limited to the person's domicile.

20 Sep 2024

The Supreme Court dismissed two criminal appeals filed by Abhishek Banerjee and Rujira Banerjee against the common order of the Delhi High Court dated...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

High Court

Bombay High Court Dismisses Quashing Petition in Dowry Harassment Case — Territorial Jurisdiction Upheld as Marriage Solemnized at Tumsar. The court held that the FIR under Section 498A IPC and Dowry Prohibition Act cannot be quashed on the ground of lack of territorial jurisdiction when the marriage was solemnized within the court's jurisdiction.

14 Jun 2011

The applicants, Ramchandra Borekar, his wife Reva, and their daughter Maya, filed a criminal application under Section 482 of the Code of Criminal Pro...

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