Search Results for "Malicious Prosecution"

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High Court of Karnataka Quashes Adverse Remarks Against Police Inspector in Murder Case — Remarks Made Without Opportunity of Hearing Violate Principles of Natural Justice. Section 482 Cr.P.C. Petition Allowed to Expunge Observations Regarding Investigation Lapses.

The petitioner, Hanumantharaya, an Inspector of Police, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash/e...

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Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

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High Court Quashes FIR Under Section 295A IPC for Lack of Intent to Insult Religion — Alleged Offensive Article Published in Magazine Did Not Deliberately or Maliciously Intend to Outrage Religious Feelings.

The petitioner, Shivaji Sukhdeo Jaware, was the accused in Regular Criminal Case No. 105 of 2013 (originally RCC No. 361 of 2008) pending before the J...

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Bombay High Court Dismisses Petition Challenging Refund of Court Fees in Malicious Prosecution Suit. Issues Framed Before Withdrawal Disentitles Refund Under Bombay Court Fees Act, 1959.

The petitioner, Maruti Narsappa Kore, was the original plaintiff in Special Civil Suit No.485 of 1997 filed against respondent no.1 for damages of Rs....

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Bombay High Court Quashes FIRs in Multiple Cheque Bounce Cases Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. Court holds that failure to refer disputes to mediation before taking cognizance renders criminal proceedings invalid.

The Bombay High Court dealt with multiple writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...