Search Results for "Malicious Prosecution"

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Search Results for "Malicious Prosecution"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

High Court

High Court of Karnataka Quashes FIR Against Government Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private Complaint Filed Without Prior Sanction for Prosecution of Public Servant is Not Maintainable.

4 Jul 2023

The petitioner, Dr. Ashok V., a District Officer in the Backward Classes Welfare Department, challenged an order dated 07.12.2021 passed by the Princi...

Supreme Court

Supreme Court Upholds Life Imprisonment of BSF Constable for Murder, Rejects Plea of Private Defence. Evidence of Post-Mortem and Eyewitnesses Showed Deceased Was Made to Crouch and Shot Twice, Negating Claim of Self-Defence Under Section 46 of BSF Act, 1968 and Section 302 IPC.

14 Jun 2022

The appellant, a Constable in the Border Security Force (BSF), was convicted under Section 46 of the BSF Act, 1968 for murder punishable under Section...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Accused in Unlawful Assembly and Trespass Case Due to Lack of Specific Allegations and Non-Compliance with Section 155 CrPC. The court held that the complaint did not specify overt acts of each accused and investigation was without proper authorization, rendering proceedings an abuse of process.

20 Nov 2020

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings...

High Court

Karnataka High Court Upholds Conviction of Accused in Prize Chit Scheme Case — Failure to Repay Subscribers Constitutes Criminal Breach of Trust. Prize Chit Activity Without Registration Under Prize Chits and Money Circulation Schemes (Banning) Act, 1978 Attracts Penalty Under Section 406 IPC.

20 Aug 2020

The case pertains to a criminal revision petition filed by Sri Ravindra (since deceased) and Smt. Devamani challenging their conviction under Section ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in POSCO Case Due to Malicious Prosecution — Complaint Filed with Ulterior Motive to Settle Property Dispute. The Court held that where a criminal complaint is manifestly attended with mala fide and maliciously instituted to wreak vengeance due to private grudge, it is an abuse of process and liable to be quashed under Section 482 CrPC.

31 Jan 2020

The appeal arose from a property dispute between the families of the appellants and the respondent-complainant. A civil suit for partition was pending...

High Court

Bombay High Court Acquits Mother in Son's Drowning Death Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt.

7 Nov 2019

The appellant, Shalini Gaikwad, was convicted under Section 302 of the Indian Penal Code for the murder of her seven-year-old son Roshan. The prosecut...

High Court

Bombay High Court Acquits Appellants in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

21 Aug 2017

The appellants, Jaipal S/o Bhimrao Meshram and Subhash S/o Maroti Safekar, were convicted by the 2nd Adhoc Additional Sessions Judge, Bhandara in Sess...

High Court

Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

18 Mar 2010

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

High Court

Bombay High Court Quashes MCOCA Prosecution for Invalid Sanction — Lack of Application of Mind by Sanctioning Authority. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 must reflect due consideration of material; mechanical grant vitiates prosecution.

10 Nov 2006

The Bombay High Court disposed of four criminal writ petitions filed by Pradip Madgaonkar @ Bandya Mama, Vinod G. Asrani, and Jayant Rajaram Mule, cha...

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