Search Results for "Quashing of Order"

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Search Results for "Quashing of Order"

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High Court

Bombay High Court Quashes Extension of Investigation Period in NDPS Case for Non-Compliance with Section 36A(4). Failure to Serve Notice on Accused Before Granting Extension Renders Order Invalid and Accused Entitled to Bail.

4 Dec 2021

The judgment concerns five applications under Section 482 of the Code of Criminal Procedure, 1973, filed by accused persons in Crime No. 1089/2020 reg...

High Court

Bombay High Court Allows Quashing of MPID Court Order and Directs Release of Vehicle to Petitioner in MPID Case. Vehicle seized in connection with MPID case ordered to be released to the registered owner on conditions, as the vehicle was not used in the offence and its continued detention would cause hardship.

23 Aug 2021

The petitioner, Dr. Reshma Suraj Pawar, filed a Criminal Writ Petition before the Bombay High Court seeking quashing of an order dated 24th October 20...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Acquittals and Lack of Material to Show Petitioner as Habitual Offender. The Court held that mere registration of multiple FIRs without considering acquittals and without evidence of continuous criminal activity does not justify externment under Section 56 of the Maharashtra Police Act, 1951.

24 Feb 2020

The petitioner, Santosh Shekhar Patole, a resident of Latur, challenged an externment order passed by the Sub-Divisional Magistrate, Latur, which was ...

High Court

High Court of Karnataka Quashes Trial Court Order Permitting Additional Evidence in Criminal Case — Micro Chip and CD Production Disallowed as Prosecution Failed to Justify Delay Under Section 311 CrPC. The court held that allowing additional evidence at a belated stage after prosecution closed evidence would prejudice the accused and violate fair trial principles.

4 Oct 2018

The petitioners, accused nos. 1 to 4 in S.C. No. 5006/2016 pending before the III Addl. Dist. & Sessions Judge, Ballari (sitting at Hosapete), filed a...

High Court

High Court of Karnataka Dismisses Petition to Quash Order in Negotiable Instruments Act Case — Evidence by Affidavit Permitted Under Section 145. The court held that Section 145 of the NI Act allows evidence by affidavit and marking of documents at sworn statement stage, and the trial court's order was valid.

2 Jul 2018

The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Co...

High Court

High Court of Karnataka Dismisses Petition to Quash Order in Negotiable Instruments Act Case — Evidence by Affidavit Under Section 145 NI Act Permissible Even Before Accused's Appearance. Trial Court's Procedure of Proceeding with Evidence by Affidavit and Marking Documents at Sworn Statement Stage Held Valid Under Section 145 of the Negotiable Instruments Act, 1881.

2 Jul 2018

The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court of Kar...

High Court

High Court Quashes Magistrate's Order Rejecting 'B' Final Report in Stalking and Criminal Intimidation Case — Lack of Proper Application of Mind and Non-Compliance with Section 173 Cr.P.C. The court held that the Magistrate must apply his mind to the police report and documents before rejecting a 'B' report and cannot mechanically direct registration of a case.

27 Nov 2017

The petitioner, Dr. Ravikumar, filed a petition under Section 482 Cr.P.C. seeking to quash the order dated 30.07.2015 passed by the Principal Senior C...

High Court

Karnataka High Court Quashes Disqualification of Councillors Under Anti-Defection Law for Violation of Natural Justice. Deputy Commissioner's Order Set Aside as Petitioners Were Not Given Opportunity of Hearing Under Section 3(1)(b) and 4 of Karnataka Local Authorities (Prohibition of Defection) Act, 1987.

27 Apr 2017

The petitioners, Ms. Srimathi Bangera and Mrs. Veenakshi, were elected as Councillors of the City Municipal Council (CMC), Madikeri, in elections held...

High Court

High Court of Karnataka Allows Petition in NI Act Case — Jurisdiction Determined by Place of Cheque Presentation. The court quashed the Magistrate's order returning the complaint for lack of jurisdiction, holding that the place where the cheque is presented for encashment confers jurisdiction on the court within whose local limits the payee's branch is located.

9 Sep 2016

The petitioner, M/s. Gnanee Business Corporation, a partnership firm based in Shimoga with a branch office in Bangalore, filed a complaint under Secti...

High Court

High Court of Karnataka Quashes Special Court Order in POCSO Case — Accused's Age Determination Requires Proper Inquiry Under Juvenile Justice Act. The court held that the Special Judge must conduct a preliminary inquiry under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Section 34 of the POCSO Act, 2012 to determine juvenility before proceeding with trial.

23 Apr 2016

The petitioner, Siddu @ Siddeshwar, was arraigned as an accused in Special Case No.4/2015 on the file of the Principal District and Sessions Judge, Bi...

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