Search Results for "Judicial First Class Magistrate"

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Search Results for "Judicial First Class Magistrate"

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Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

High Court of Bombay Quashes Sessions Court Order Rejecting Transfer Petition and Orders Clubbing of Multiple Cheque Bounce Cases. Cases Arising from Same Share Transaction Between Same Parties Transferred to 4th Judicial Magistrate for Expeditious and Separate Disposal.

22 Aug 2012

The petitioner, a share broker operating as Radhika Investment at Latur, and respondent no.1, a client, were involved in multiple transactions resulti...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC set aside as prosecution failed to establish complete chain of circumstances and motive, with key witnesses turning hostile and burden under Section 106 Evidence Act not triggered.

2 Jan 2023

The appeal arose from the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 for the murder of his two young sons. ...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Investigation — Section 156(3) CrPC Order Set Aside as Magistrate Failed to Apply Judicial Mind. The Court held that the Magistrate must apply judicial mind before ordering investigation under Section 156(3) CrPC and cannot act as a post office.

3 May 2006

The petitioner, Jitendra Chandrakant Mehta, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of proceedings arising out of...

High Court

High Court of Bombay Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Division Bench Examines if Order Directing Police Investigation is Interlocutory and if Revision Lies Under Section 397 or 401 of the Criminal Procedure Code, 1973.

21 Oct 2015

The High Court of Judicature at Bombay, Aurangabad Bench, was seized of several criminal writ petitions and applications challenging orders passed by ...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

High Court

High Court of Karnataka Quashes Proceedings Against Director in Dishonour of Cheque Cases Due to Lack of Specific Averments — Petitioner Not a Director of the Drawer Company at Relevant Time

18 Jul 2014

The petitioner, Sri Shamanur Shivashankarappa, filed three criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

Supreme Court

Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

1 Jan 1970

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

High Court

Karnataka High Court Quashes Detention Order Under Goonda Act in Favor of Detenue's Wife Due to Procedural Violations. Preventive Detention Invalid for Failure to Follow Section 8 Safeguards and Provide Effective Representation Under Article 22(5).

19 Jul 2023

The writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, was filed by Smt. B...

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