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Search Results for "Quashing of Process"

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High Court

Bombay High Court Quashes Process Against Wife in Criminal Complaint for Defamation and Dishonour of Cheque — Statements Made in Legal Proceedings Are Not Defamatory. Statements made in a writ petition before a court are absolutely privileged and cannot form the basis of criminal proceedings under Sections 499, 500 IPC or Section 138 of the Negotiable Instruments Act, 1881.

2 Nov 2018

The applicant, a wife, challenged the order of issuance of process dated 24/07/2017 passed by the Judicial Magistrate First Class, Nagpur, in Misc. Cr...

High Court

Bombay High Court Quashes Process Issued Against Drug Manufacturers in Complaint Under Drugs and Cosmetics Act — Lack of Sanction and Invalid Complaint. Complaint filed by Drugs Inspector without prior sanction of the Drug Controller under Section 32 of the Drugs and Cosmetics Act, 1940, and without proper investigation, held to be invalid and liable to be quashed.

29 Oct 2018

The petitioners, AFD Laboratories Pvt. Ltd., M/s. Angle French Drugs & Industries Ltd., and their directors, filed two criminal writ petitions under S...

High Court

Bombay High Court Quashes Process Against Senior Citizen Parents-in-Law in Domestic Violence Case. No Domestic Relationship Established as Daughter-in-Law Never Resided with Them in Shared Household Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

6 Sep 2018

The present criminal application was filed by two senior citizens, aged 73 and 67 years, seeking quashing of the process issued against them by the Ju...

High Court

Bombay High Court Quashes Process Under Section 193 IPC Against Accused in False Statement Case — Statements Made in Departmental Enquiry Not Before Court of Law. Section 193 IPC Requires False Evidence in Judicial Proceedings; Statements Before Departmental Enquiry Do Not Attract Offence.

27 Aug 2018

The petitioner, Appasaheb Baburao Shinde, was the original accused No.4 in a complaint filed by respondent No.2, Sachin Mahadeo Vaidya, before the Jud...

High Court

Bombay High Court Quashes Process in Criminal Complaint for Non-Compliance with Section 202 Cr.P.C. — Accused Residing Beyond Jurisdiction Requires Inquiry Before Issuance of Process

2 Aug 2018

The petitioner, Motilal Khivraj Banthia, was an accused in RTC No.254 of 2010 pending before the Judicial Magistrate First Class, Kopargaon, District ...

High Court

Bombay High Court Quashes Process Against Police Officer in Atrocities Act Case for Lack of Sanction Under Section 197 CrPC. Investigation Act Being Official Duty, Sanction Required Before Prosecution for Alleged Caste-Based Insult During Statement Recording.

29 Nov 2017

The applicant, Dr. Kakasaheb Adinath Dole, a Sub-Divisional Police Officer, challenged the order issuing process against him in Regular Criminal Compl...

High Court

Bombay High Court Dismisses Revision Applicant's Challenge to Quashing of Process in Cheque Dishonour Case — Territorial Jurisdiction for Section 138 NI Act Lies Where Drawee Bank Is Situated. The court upheld the Sessions Judge's order that the complaint filed at Nagpur was not maintainable as the cheques were drawn on a bank in Mumbai, and the offence under Section 138 of the Negotiable Instruments Act, 1881 is completed at the place of the drawee bank.

28 Jul 2011

The case involves a criminal revision application filed by Mrs. Arti d/o Amar Pandey challenging an order dated 30th October 2010 passed by the Additi...

High Court

Bombay High Court Quashes Process Against Chairman & Managing Director in Unfair Labour Practice Case — No Vicarious Liability Without Specific Allegation of Mens Rea. The court held that under Section 48(1) of MRTU & PULP Act, 1971, criminal liability requires personal involvement or knowledge, and process cannot be issued without specific averments.

19 Jul 2011

The applicant, Viveck Goenka, Chairman and Managing Director of The Indian Express Limited, filed an application under Section 482 of the Code of Crim...

High Court

High Court of Bombay Dismisses Revision Against Quashing of Process in Matrimonial Criminal Complaint. Vague Allegations Under Section 506 IPC Cannot Sustain Criminal Process Against Wife.

14 Jul 2011

The case involves a criminal complaint filed by Subhrajit Saha (the appellant) against his father-in-law and wife (Kaberi) before the Judicial Magistr...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that without proper service of the demand notice under Section 138 of the Negotiable Instruments Act, 1881, the essential ingredient for the offence is not satisfied, and the proceedings are liable to be quashed.

27 Jun 2011

The petitioners, Lalit Tarekar, Motiram Wasnik, and Rajesh Jaiswal, filed a criminal writ petition under Article 227 of the Constitution of India and ...

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