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Search Results for "Summoning"

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Supreme Court

Supreme Court Quashes Summoning Order Against Relatives in Dowry Harassment Case Due to Lack of Specific Allegations and Dissolved Marriage. The Court held that proceedings under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, cannot be sustained against relatives when the marriage was already dissolved by divorce decree and allegations are vague and unsupported.

16 Apr 2025

The dispute arose from a criminal complaint filed by the wife against her husband and his relatives under Sections 498A, 323, 504, 506 of the Indian P...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Sale Dispute Due to Lack of Criminal Intent and Civil Nature of Allegations. The Court held that mere breach of contract does not constitute cheating under Section 415 IPC, and criminal proceedings under Sections 420, 406, 354, 504, and 506 IPC were an abuse of process as the dispute involved non-payment of sale consideration and sale of property at a lower price, which are civil matters.

16 Apr 2025

The Supreme Court addressed a dispute arising from an oral agreement for the sale of a property in Kanpur, Uttar Pradesh, between the appellants (sell...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Manufacturer in Drugs and Cosmetics Act Case — Sale to Another Manufacturer for Further Processing Not a Contravention. The Court held that sale of Nitrous Oxide I.P. by a licensed manufacturer to another manufacturer for further manufacturing does not violate Section 18(a)(vi) read with Rule 65(5)(1)(b) of the Drugs and Cosmetics Rules, 1945, as the definition of 'manufacture' under Section 3(f) of the Drugs and Cosmetics Act, 1940 includes repacking and refilling.

28 Jan 2025

The present appeal arises from a criminal complaint filed by the Drugs Inspector, Kadapa, against several accused, including the appellants (Accused N...

Supreme Court

Supreme Court Quashes Summoning Order Under Section 319 CrPC Against Appellants in Murder Case — Insufficient Evidence as Only Witness Retracted and Other Witnesses Exonerated Them. The court held that the stricter satisfaction standard under Section 319 CrPC was not met, as the sole witness's contradictory and retracted statement did not constitute strong and cogent evidence.

2 May 2024

The Supreme Court allowed the appeals against the High Court's refusal to quash a summoning order under Section 319 Cr.P.C. The case arose from the mu...

Supreme Court

Supreme Court Allows Appeal Against Summoning Order in Criminal Case — Magistrate Erred in Taking Cognizance Under Section 190(1)(b) Cr.P.C. While Relying on Affidavits Filed with Protest Petition. The Court Held That Where Additional Evidence Such as Affidavits Is Considered, the Protest Petition Must Be Treated as a Complaint Under Section 190(1)(a) Cr.P.C. and Proceeded Under Chapter XV of the Cr.P.C.

29 Apr 2024

The Supreme Court allowed the appeal filed by Mukhtar Zaidi against the order of the Allahabad High Court dismissing his petition under Section 482 Cr...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

22 Jan 2024

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

High Court

High Court of Karnataka Quashes Summons Against Additional Accused in Dowry Death Case for Lack of Prima Facie Evidence. Section 319 Cr.P.C. summons set aside as no specific overt acts alleged against petitioners in charge sheet.

30 Mar 2016

The petitioners, arrayed as additional accused nos. 3 to 6 in S.C. No. 2/2013, filed a criminal revision petition under Section 397 Cr.P.C. challengin...

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