Search Results for "Abuse of process"

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Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...
Supreme Court Allows Collaborator's Arbitration Request Despite No Privity of Co...
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Search Results for "Abuse of process"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Borrowers in Bank Fraud Case After Settlement of Civil Liability. The Court held that the dispute was essentially civil/commercial, with no wrongful loss to the bank after full payment, making continuation of proceedings under Sections 419, 420, 467, 468, 471, 120B IPC and Section 13 PC Act an abuse of process under Section 482 CrPC and Article 226 of the Constitution.

16 Apr 2025

The appeal arose from a challenge to the High Court's order dismissing a petition to quash an FIR and charge sheet filed by the Central Bureau of Inve...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

7 Apr 2025

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

Supreme Court

Supreme Court Sets Aside High Court Order Directing CBI Investigation in Impersonation and Extortion Case. Transfer of Investigation to CBI Quashed as Vague Allegations Against Local Police Insufficient to Invoke Extraordinary Power Under Section 482 CrPC, Following Precedent in State of W.B. v. Committee for Protection of Democratic Rights.

2 Apr 2025

The Supreme Court considered an appeal against a Punjab and Haryana High Court order that directed transfer of investigation from local police to the ...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cross-FIR Case Between Advocates Due to Abuse of Process and Apology. Second FIR Registered as Counterblast to First FIR Was Deemed an Abuse of Law Under Sections 294(b), 323, and 506(1) of Indian Penal Code, 1860, and Quashed to End Protracted Litigation.

27 Mar 2025

The appeal arose from a dispute between two advocates practising in Kodaikanal, leading to cross-FIRs registered in December 2017. The first appellant...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Suppression of Material Facts and Abuse of Process of Law. The court held that suppression of material facts in a complaint under Section 138 of the Negotiable Instruments Act, 1881, constitutes an abuse of process, warranting dismissal without trial.

26 Mar 2025

The dispute arose from a complaint filed by the respondent, a Credit Co-Operative Society, against the appellant under Section 138 of the Negotiable I...

Supreme Court

Supreme Court Clarifies Rules on Advocate Appearances and Vakalatnama Compliance in Court Proceedings. Supreme Court Bars Unauthorized Advocate Appearances, Reinforces Accountability in Legal Practice

19 Mar 2025

The Supreme Court, in its judgment dated 20.09.2024, had directed that only authorized advocates could mark their appearances in court, and the Advoca...

Supreme Court

Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

17 Mar 2025

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

High Court

High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India

17 Mar 2025

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and ...

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