Search Results for "section 389 CrPC"

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Search Results for "section 389 CrPC"

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High Court

High Court of Bombay at Goa Dismisses Revision Against Setting Aside of Section 133 CrPC Order — Dispute Over Right of Way and Nuisance Requires Civil Adjudication, Not Summary Criminal Proceedings. The court held that Section 133 CrPC is not intended to adjudicate disputed civil rights of way, and the proper remedy is a civil suit.

15 Apr 2015

The petitioner, Nitin Satish Naik, filed a complaint before the Executive Magistrate, Canacona, under Section 133 of the Code of Criminal Procedure, 1...

Supreme Court

Supreme Court Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

High Court

Bombay High Court Quashes FIR Against Public Servants in Defamation Case for Lack of Sanction Under Section 199 CrPC. Private Complaint for Defamation Against Public Servant Requires Prior Sanction from Competent Authority.

24 Feb 2022

The judgment pertains to four criminal applications filed by Vinod Sahebrao Pandhare, Santosh B. Somani, Bharat Dnyandeo Deogire, and Ashok Narayan Ga...

High Court

Bombay High Court Partly Allows Petition Challenging Condition of Deposit in NI Act Appeal Suspension — Reduces 20% Compensation Deposit to 10% for Petitioners in Cheque Dishonour Case. The court held that the appellate court's discretion under Section 148 of the Negotiable Instruments Act must be exercised reasonably, and the condition of deposit was reduced considering the petitioners' financial hardship and prior deposit.

11 Sep 2025

The petitioners, M/s Kesuram Khanchand and its proprietor Chandrabhan Kewalramani, were convicted under Section 138 of the Negotiable Instruments Act,...

High Court

Bombay High Court Quashes SDM Order Under Section 133 CrPC for Denial of Natural Justice — Remand for Fresh Hearing Ordered. Revisional Court Cannot Exercise Appellate Powers Under Section 401(1) CrPC.

30 Jan 2013

The petitioners, Shyam and Arvind Parate, operated Anushree Agro Industry (Poultry Centre) in Nagbhid, Chandrapur. The Sub-Divisional Magistrate, Bram...

High Court

Bombay High Court Dismisses Application to Quash Order Refusing FIR Registration in Environmental Violation Case — Section 19 of Environment (Protection) Act, 1986 Bars Private Complaints Without Government Sanction. The court held that Section 19 does not bar police from registering an FIR, but the applicant's complaint lacked specific allegations of violation of the Act or rules.

22 Oct 2019

The applicant, Pratap Lal Teli, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an order pass...

High Court

High Court of Bombay at Goa Quashes FIR and Sessions Court Order for Violation of Natural Justice — Accused Not Heard in Revision Against Rejection of Section 156(3) CrPC Application. The court held that the accused must be heard before the Revisional Court when a revision is filed against the rejection of a Section 156(3) CrPC application, as failure to do so violates principles of natural justice.

2 Apr 2026

The petitioners, Smt. Shaila Damodar Sinai Borkar and Dr. Priti Siddsh Kharangate, filed a Criminal Writ Petition before the High Court of Bombay at G...

Supreme Court

Supreme Court Allows Default Bail to Accused in Corruption Case Due to Expiry of 60-Day Detention Without Charge Sheet. Interpretation of 'Imprisonment for a Term Not Less Than Ten Years' Under Section 167(2) of the Code of Criminal Procedure, 1973, Clarified; Bail Right Accrues on Expiry of Maximum Detention Period, Not Defeated by Later Filing of Charge Sheet.

1 Aug 2026

The Supreme Court addressed the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973, in a case arising from a corruptio...

High Court

High Court of Karnataka Allows Modification of Interim Order in NI Act Case — Directs Deposit of 20% of Fine Amount as Per Amended Section 148 of Negotiable Instruments Act, 1881. The Court held that the amendment to Section 148 of the NI Act, which came into effect on 01-09-2019, is procedural and applies to pending appeals, requiring deposit of 20% of the fine amount instead of 10%.

16 Jun 2022

The petitioner, Syed Ishrathulla Hussaini, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the ...

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