Search Results for "section 397"

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Search Results for "section 397"

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Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

High Court

Bombay High Court Allows Criminal Revision Against Summoning Order in Cheque Dishonour Case — Dispute Over Partnership Firm's Authority to File Complaint Under Section 138 of Negotiable Instruments Act, 1881. The court held that a complaint under Section 138 must be filed by an authorized person, and partners are not automatically liable.

16 Sep 2025

The applicants, Romell Housing LLP and Jude Romell, filed a criminal revision application before the Bombay High Court challenging the summoning order...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

18 Apr 2016

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

High Court

Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Section 392 read with Section 397 IPC set aside as sole witness's testimony was inconsistent and no independent corroboration existed.

8 Sep 2015

The appellant, Farooq K. Khan, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Section 392 read with Section 397 of...

High Court

Bombay High Court Dismisses Appeal Against CLB Order in Company Petition for Oppression and Mismanagement — Upholds Finding That Petition Was Not Maintainable Due to Lack of Consent Under Section 399 of Companies Act, 1956. The court held that consent of members under Section 399 must be obtained prior to filing the petition and cannot be cured after filing.

16 Apr 2018

The case involves an appeal against the order of the Company Law Board (CLB) dismissing Company Petition No.4 of 2007 filed by the appellants under Se...

High Court

High Court of Karnataka Acquits Accused in Rash Driving Case Due to Inconsistent Evidence. Conviction under Sections 279 and 304A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

4 Mar 2016

The case arises from a criminal revision petition filed by the accused, Puttaiah @ Mahesh, challenging his conviction under Sections 279 and 304A of t...

Supreme Court

Supreme Court Upholds Territorial Limitation of Sales Tax Exemption After State Bifurcation. Benefit of exemption/deferment granted under unified Madhya Pradesh is confined to the state where the industrial unit is located and does not extend to inter-state transactions with the other successor state.

9 Jul 2019

The Supreme Court considered a batch of appeals arising from the bifurcation of the State of Madhya Pradesh into the reorganised State of Madhya Prade...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Cross-Case Involving Assault and Wrongful Restraint - Limitation Period for Cognizance Commences from Date of Offence, Not Charge-Sheet Filing, Under Sections 468 and 469 CrPC, with Delay Condonable Under Section 473. Court Emphasizes That Negligence of Investigating Officer Should Not Benefit Accused, Especially in Cases of Cross-FIRs Arising from Same Incident.

9 Apr 2026

The dispute arose from cross-FIRs filed after an incident on 09.05.2011 involving the appellant-complainant and respondent-accused, an advocate. The a...

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