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Supreme Court

Unlawful Arrest and Violation of Fundamental Rights – Supreme Court Declares Arrest Illegal. Failure to communicate grounds of arrest renders detention unconstitutional – Supreme Court orders immediate release of the appellant and issues guidelines for compliance with Article 22(1) and Section 50 of the Code of Criminal Procedure, 1973.

7 Feb 2025

Constitution of India – Article 22(1) – Code of Criminal Procedure, 1973 – Sections 50, 50A – Indian Penal Code, 1860 The Supreme Court held ...

High Court

Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

7 Feb 2025

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Supreme Court Reduces Sentence in Bank Fraud Case Due to Mechanical Recording of Statements Under Section 313 CrPC. Appellants, who were transport operators and did not receive the misappropriated amount, had their sentence reduced to period already undergone.

29 Jan 2025

The Supreme Court heard an appeal by special leave against the judgment of the Patna High Court dated 24.11.2011, which had dismissed Criminal Appeal ...

Supreme Court

Supreme Court Restores State's Right to Levy Royalty on Minor Minerals. The state of Punjab is entitled to levy royalty on brick earth excavation, irrespective of ownership disputes.

21 Jan 2025

The Supreme Court clarified the State Government's authority to levy royalty on the excavation of minor minerals under the Mines and Mineral (Regulati...

Supreme Court

Supreme Court Grants Probation in Cross-Family Dispute. Extension of Probation Act Benefits Under Article 142 of the Constitution of India.

9 Jan 2025

Benefit of probation extended under Section 4 of the Probation of Offenders Act, applying Article 142 to ensure parity with cross-case. Appellant dir...

Supreme Court

Supreme Court Holds Dispute Resolution Clause in Municipal Concession Agreements Constitutes Mediation, Not Arbitration. Article 20 of Concession Agreements Prescribes Mediation by Commissioner, Lacking Essential Elements of Arbitration Clause.

1 Jan 2025

The Supreme Court of India heard three civil appeals arising from separate proceedings before the Delhi High Court, all concerning the interpretation ...

Supreme Court

Supreme Court Allows Appeals Against High Court's Recall of Quashment Order — High Court Exceeded Jurisdiction Under Section 482 CrPC by Restoring FIR After Final Order. The Court Held That Section 362 CrPC Bars Alteration or Review of a Final Order, and the High Court Became Functus Officio After Quashing the FIR Based on Compromise.

1 Jan 2025

The Supreme Court considered appeals against the High Court of Punjab and Haryana's orders dated 8th October 2018 and 29th April 2019, which had resto...

Supreme Court

Supreme Court Dismisses Appeal Against Habeas Corpus Rejection in CID Arrest Case — Grounds of Arrest Held Compliant with Article 22 and BNSS. The Court upheld the High Court's finding that the arrest and detention were lawful as the grounds of arrest and remand report were served on the detenue prior to the remand hearing.

1 Jan 2025

The appellant, Kasireddy Upender Reddy, filed a habeas corpus petition before the High Court of Andhra Pradesh alleging that his son, Kessireddy Raja ...

High Court

High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

4 Dec 2024

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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