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...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "cognizance versus charge"

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High Court

Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

29 Mar 2005

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...

High Court

High Court of Judicature at Bombay hears CBI appeal against discharge order of MCOCA Special Court in Telgi Stamp Case, involving allegations of aiding organized crime syndicate by a senior police officer. Court examines whether material on record justified framing of charges under MCOCA and IPC, considering scope of Section 227 of Code of Criminal Procedure, 1973.

14 Jul 2010

Background: The appeal arose from the Telgi Stamp Case, a massive counterfeiting operation involving government stamps and stamp papers. The Central B...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

Supreme Court

Supreme Court Quashes Section 306 IPC Proceedings Against Appellants in Abetment of Suicide Case Due to Lack of Ingredients and Orders Reinvestigation. Utterances Like 'Go and Die' Held Not Sufficient to Constitute Abetment Under Section 306 IPC.

7 Feb 2025

The case arises from a tragic sequence of events involving two deaths. On 02.11.2022, the first appellant Ayyub lodged an FIR alleging that his son Zi...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC — Applicant's Name Not in FIR, No Allegation of Demand or Acceptance of Bribe. The court held that the Magistrate's order refusing discharge was perverse for lack of application of mind and that the bar under Section 197 CrPC applies, requiring prior sanction for prosecution of a public servant.

22 Jan 2015

The applicant, Gajanan Modku Meshram, filed a criminal application under Section 482 CrPC seeking quashing of the order dated 16.3.2011 passed by the ...

High Court

Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC.

21 Sep 2016

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal P...

High Court

Bombay High Court Allows Writ Petition of Deceased Employee’s Widow in Unfair Labour Practice Case, Setting Aside Dismissal. Court Holds That Enquiry Officer Framing Chargesheet Violates Rule 46 of Maharashtra Non-Agricultural Universities Standard Code Rules, 1984, Rendering Dismissal Illegal.

9 Jun 2015

The matter pertained to the dismissal of a non-teaching employee of Amraoti University who had served as a Peon and Choukidar since 18 April 1984. A d...

High Court

Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

20 Feb 2015

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

High Court

Bombay High Court Upholds Conviction for Kidnapping for Ransom Under Section 364-A IPC, Acquits Under MCOC Act for Lack of Evidence of Organized Crime. Appellants convicted for kidnapping victim Mohan Gunjal for ransom, sentenced to life imprisonment; State's appeal against acquittal under MCOC Act dismissed as prosecution failed to prove organized crime syndicate.

5 Feb 2020

The judgment arises from two appeals: Criminal Appeal No. 171 of 2012 filed by Dilip Kishor Bawiskar and Rakesh Gorakhraj Rajput (convicted accused) c...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

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