Search Results for "Section 389 CrPC"

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Search Results for "Section 389 CrPC"

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High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement and Lack of Specific Allegations Against In-Laws. The court held that where parties have settled and allegations are vague against relatives, continuation of proceedings is an abuse of process.

3 Oct 2022

The applicants, including the husband and his relatives, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeki...

High Court

Bombay High Court Quashes Cancellation of Bail in Criminal Breach of Trust Case — Non-Compliance with Section 41A CrPC Notice Not a Ground for Cancellation. Magistrate's Bail Order Restored as Sessions Court Erred in Cancelling Bail Without Supervening Circumstances Under Section 439(2) CrPC.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

High Court

Bombay High Court Allows Petition Challenging Bail Cancellation in Criminal Breach of Trust Case — Sessions Court Erred in Cancelling Bail Solely on Ground of Non-Compliance with Section 41A CrPC. The court held that Section 41A CrPC does not mandate notice before arrest in all cases and that bail cancellation requires supervening circumstances, not mere procedural irregularity.

5 Feb 2019

The petitioner, Pankaj Jivdhar Katke, was an accused in Crime No. 405 of 2018 registered at MIDC Waluj Police Station for offences under Sections 408,...

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...

High Court

High Court of Karnataka Quashes Bail Granted to Accused in Extortion and Forgery Case — Bail Order Set Aside for Non-Compliance with Section 41A CrPC Notice and Lack of Application of Mind. The court held that the trial court's order granting bail was passed without issuing notice to the complainant and without proper application of mind, warranting interference under Section 482 CrPC.

9 Jul 2014

The petitioner, Sri Krishna Ganesh Bhat, the complainant in Crime No.47/2014 registered with Girinagar Police, Bangalore, filed a criminal petition un...

High Court

High Court of Karnataka Quashes Dismissal of Community Organizer in Service Law Case — Violation of Natural Justice as Dismissal Based on Lokayukta Report Without Departmental Enquiry. Petitioner's dismissal order dated 18.04.2013 set aside for non-compliance with Article 311(2) of the Constitution and Karnataka Civil Services Rules, as no disciplinary enquiry was conducted before imposing major penalty.

7 Jan 2014

The petitioner, Sri A.K. Lakshmanappa, was employed as a Community Organizer in the City Municipal Council, Harihara-Davangere. A complaint was filed ...

High Court

Bombay High Court Upholds Constitutionality of Section 376(b) and (c) CrPC in Appeal Against Conviction Under Negotiable Instruments Act. Court holds that bar on appeal against sentence of imprisonment till rising of court and compensation order does not violate Article 14 or Article 21 of the Constitution.

5 Nov 2012

The petitioners were convicted by the Metropolitan Magistrate for an offence under Section 138 read with Section 141 of the Negotiable Instruments Act...

High Court

Bombay High Court Quashes Order Adding Accused Under Section 319 CrPC Before Evidence Stage — Premature Invocation of Power. Power under Section 319 CrPC cannot be exercised based on investigation statements before commencement of trial evidence, as held in Ranjit Singh v. State of Punjab.

26 Aug 2011

The applicants, five individuals, challenged an order dated 29.03.2010 passed by the Additional Sessions Judge, Kandhar, in Sessions Case No. 35/2008,...

High Court

Bombay High Court Allows Application Challenging Condition of Deposit in Suspension of Sentence in NI Act Case — Appellate Court Cannot Impose Deposit Condition Under Section 357(2) CrPC for Suspension of Sentence

26 Oct 2005

The applicant, Maheshwar Dattatraya Kale, was convicted by the Judicial Magistrate First Class, Pune, under Section 138 of the Negotiable Instruments ...

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