Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "cognizance versus charge"

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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...

High Court

Bombay High Court Grants Bail to Applicant in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act — Search Conducted Without Informing Right to be Searched Before Gazetted Officer or Magistrate. The court held that non-compliance with Section 50 vitiates the search and the prosecution cannot rely on the recovery to oppose bail, and granted bail.

16 Dec 2025

The applicant, Krishna Vijay Gohil, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection ...

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

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Allows Additional Documents in Arbitration Petition Despite Delay, Subject to Costs — Charge-Sheet Filed Against Contractor Relevant to Dispute Under Section 34 of Arbitration and Conciliation Act, 1996.

22 Oct 2019

The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

High Court

High Court of Bombay at Goa Allows Police Officer's Petition Under Section 482 Cr.P.C. to Quash Orders Directing Registration of Complaint — Complaint Held to be Malicious and Abuse of Process. The court found that the complaint was a counterblast to the FIR lodged by the officer and was filed with malafide intent to harass him, and thus the inherent powers under Section 482 Cr.P.C. were invoked to prevent abuse of process.

5 Jan 2018

The petitioner, a Police Sub-Inspector, filed a Criminal Application under Section 482 Cr.P.C. seeking quashing of an order dated 9th July 2013 passed...

High Court

Bombay High Court Quashes Criminal Proceedings in Land Dispute Case Due to Civil Nature of Dispute. Family Settlement Mutation Entry Not Attracting Criminal Offences Under IPC Sections 420, 465, 467, 468, 471, 504, 506 r/w 34.

10 Jan 2017

The applicant, Smt. Linabai @ Pramilabai Dhivare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bo...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

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