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Search Results for "complaint quashing"

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High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

Bombay High Court Quashes Summons in Cheating Case for Lack of Territorial Jurisdiction and Non-Disclosure of Offence. The court held that the Magistrate at Indore had no jurisdiction as no cause of action arose there, and the complaint did not disclose any offence under Sections 420 or 406 IPC.

24 Mar 2005

The petitioners challenged the summons issued by the Additional Chief Judicial Magistrate at Indore under Sections 420 or 406 read with Section 120-B ...

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Husband and Manager in Matrimonial Dispute — Lack of Prima Facie Case for Criminal Breach of Trust and Cheating. Complaint Alleging Misappropriation of Stridhan and Fabrication of Documents Fails as Dispute is Essentially Civil in Nature, Not Attracting Sections 406, 420, 465 IPC.

6 Aug 2024

The petitioners, accused No.1 (husband) and accused No.2 (manager of the husband's company), filed a criminal petition under Section 482 CrPC seeking ...

High Court

High Court of Karnataka Quashes State Commission Order in Manual Scavenging Case — Complaint Lacks Material Particulars. Petitioner Not an 'Occupier' Under Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 as Housekeeping Done by Contractor's Workers.

17 Jul 2017

The petitioner, National Institute of Rock Mechanics, a society registered under the Karnataka Societies Registration Act, 1960, and an autonomous ins...

High Court

Bombay High Court Delivers Common Judgment in Multiple Applications Challenging Order Directing Investigation under Section 156(3) Cr.P.C. The Court Examined Whether Allegations of Illegal Encroachment and Official Regularization Orders Could Constitute Criminal Offences, Involving Issues of Civil Dispute and Protection of Public Servants.

26 Jun 2015

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High Court

High Court of Karnataka Adjudicates Writ Petitions Challenging Constitutional Validity of Sections 212(6) and 217 of Companies Act, 2013 and Cognizance Order. Petitioners sought declaration that sections unconstitutional and quashing of arrest warrants issued by the Special Court in SFIO complaint.

15 Apr 2024

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High Court

Bombay High Court Dismisses Criminal Application for Quashing Summons in Security Guards Act Violation. Allegations Against Officers as Principal Employers Prima Facie Disclose Offence Under Clause 42 of Maharashtra Private Security Guards Scheme, 2002.

10 May 2013

The matter arose from a criminal complaint filed by Inspector R.D. Khanorkar under the Maharashtra Private Security Guards (Regulation of Employment a...

High Court

Bombay High Court Quashes Bigamy Proceedings Against Second Wife and Her Father in Section 494 IPC Case — Lack of Prima Facie Evidence of Knowledge of Prior Marriage. The court held that for an offence of bigamy under Section 494 IPC, the accused must have knowledge of the first marriage, and in the absence of such allegation, the proceedings are liable to be quashed.

3 Jan 2024

The applicants, Anita Sudam Ahire (second wife) and Sudam Hausiram Ahire (her father), filed an application under Section 482 of the Code of Criminal ...

High Court

High Court of Bombay at Goa Quashes Complaint Against Bank Manager in Contract Labour Act Case — Non-Display of Notices Not an Offence Under Section 24 of Contract Labour (Regulation and Abolition) Act, 1970. The court held that the obligation to display notices under Rule 74 of the Contract Labour (Regulation and Abolition) Central Rules, 1971 is on the contractor, not the principal employer, and therefore the complaint under Section 24 of the Act was not maintainable.

26 Mar 2014

The petitioner, the Chief Manager of Federal Bank Ltd., filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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