Search Results for "Magistrate's permission"

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Search Results for "Magistrate's permission"

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High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu.

29 Nov 2023

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MP...

High Court

Bombay High Court Dismisses Applicant's Challenge in Forgery Case, Upholds Quashing of Summons for Lack of Sanction Under Section 197 CrPC. Respondent, a General Manager and CFO of a Government Company, is a Public Servant Entitled to Protection Under Section 197 CrPC for Acts Allegedly Committed in Discharge of Official Duty.

14 Feb 2020

The applicant, Narendra Dejoo Shetty, Executive Chairman of Haldyn Glass Limited and Managing Director of Haldyn Corporation Limited, filed a criminal...

High Court

Bombay High Court at Goa Quashes CBI Court Order Directing FIR Registration in Corruption Case — Lack of Jurisdiction Under Section 156 CrPC. Special Judge Cannot Direct Investigation Without Complaint Under Prevention of Corruption Act, 1988.

16 Sep 2015

The petitioners, the Police Inspector and Superintendent of Police of the Central Bureau of Investigation (CBI), challenged an order dated 3.5.2014 pa...

High Court

High Court of Bombay at Goa Hears CBI's Appeal Against Acquittal in British Minor's Death Case; Trial Court Found CBI Investigation Invalid Without Proper Authorization. The trial court held that the CBI chargesheet was a fresh one and not a supplementary chargesheet, and that no notification empowered the CBI to register a new FIR in Mumbai.

17 Jul 2019

The Central Bureau of Investigation (CBI) filed an appeal under Section 378(2) of the Code of Criminal Procedure, 1973, against the judgment and order...

High Court

High Court of Judicature at Bombay Considers State and Complainant's Applications for Cancellation of Anticipatory Bail in Homicide Case. The Court examines whether Sessions Court erred in granting bail after charge under Section 302 IPC was added despite medical evidence indicating homicidal death.

31 Aug 2006

The dispute pertained to the death of Pooja, the wife of the accused, on 14 June 2000. Initially, the accused claimed she committed suicide due to men...

High Court

High Court of Karnataka Quashes FIR in Criminal Petition Under Section 482 CrPC for Non-Cognizable Offence — Magistrate's Order Permitting Registration Set Aside. Court held that Section 155(2) CrPC requires prior approval from Magistrate for investigation of non-cognizable offence without complaint, and that the Magistrate's order was passed without application of mind.

11 Nov 2020

The petitioners, arraigned as Accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

4 Nov 2025

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

High Court

High Court of Bombay at Nagpur Quashes Confiscation of Vehicles and Timber Under Indian Forest Act, 1927 — Lack of Mens Rea and Bona Fide Possession Established. The court held that confiscation under Section 61-A requires proof of intentional violation of the Act, and where the owner had a valid transit pass and permission, the confiscation order was unsustainable.

4 May 2019

The petitioners, Syed Burhan Syed Nabi, Sk. Kadir Sk. Vazir, and Mahendra Anil Madipal, filed a criminal writ petition under Article 226 of the Consti...

High Court

Bombay High Court Quashes Magistrate's Order Allowing Further Witness Examination in PCPNDT Act Case — Order Lacks Reasons and Justification. The court held that an order granting permission to examine further witnesses must record reasons and consider necessity, and mere compensation by costs is insufficient.

13 Jan 2015

The applicants, Dr. Kishor Uttamrao Hantodkar and Dr. Smita Kishor Hantodkar, medical practitioners, challenged an order dated 17/6/2013 passed by the...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Order Allowing Additional Statements at Pre-Charge Stage. Production of Additional Statements Under Section 173(8) CrPC Without Notice to Accused and Without Opportunity to Cross-Examine Violates Fair Trial Rights.

10 Feb 2005

The petitioners, original accused in Sessions Case No.644 of 1996, challenged an order dated 16th October 2003 passed by the Additional Sessions Judge...

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