Search Results for "abuse of process"

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Search Results for "abuse of process"

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Supreme Court

Quashing of Criminal Proceedings Under Section 306 IPC – Supreme Court Ordered Reinvestigation in Suicide Case – Absence of Direct Abetment. Criminal Proceedings Against Appellants Quashed – Special Investigation Team Constituted for Reinvestigation – No Proximate Link Between Accused and Suicide – Mere Verbal Utterances Do Not Constitute Abetment – Abuse of Process of Law Prevented.

7 Feb 2025

Constitution Of India, 1950 – Article 21: Right To Fair Investigation – The Supreme Court Held That A One-Sided Investigation Violates The Fundam...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Supreme Court Quashes Criminal Proceedings for Lack of Public View Requirement Under SC-ST Act. "Mere Presence in an Office Room Does Not Constitute Public View" – SC Clarifies Scope of Atrocities Under SC-ST Act.

31 Jan 2025

Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – Section 482 – Indian Penal Code, 1860 – Sections 294(b), 353 – Sc...

Supreme Court

"Supreme Court Dismisses Appeals: Reinforces Aircraft Act as a Complete Code" "Ensuring adherence to specialized aviation laws while quashing FIRs against MPs for alleged ATC room trespass."

21 Jan 2025

The Supreme Court dismissed criminal appeals challenging the quashing of an FIR registered under the Indian Penal Code and Aircraft Act. The Court uph...

Supreme Court

Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

2 Jan 2025

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

Supreme Court

No Vicarious Liability of Company Directors in Environmental Violation.

2 Jan 2025

Quashing of Criminal Proceedings – No Vicarious Liability Without Statutory Provision – The Supreme Court quashed criminal proceedings initiated a...

High Court

"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

20 Dec 2024

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

Supreme Court

"Supreme Court Overrules High Court Order on Land Ceiling Act: Landmark Verdict Upholds Finality of Ceiling Proceedings" "Res judicata prevails; family settlements rejected in surplus land declaration under the UP Ceiling Act."

17 Dec 2024

The Supreme Court of India set aside the High Court's order that invalidated surplus land proceedings under the Uttar Pradesh Imposition of Ceiling on...

Supreme Court

Supreme Court Quashes Arbitrator Appointment: Non-Arbitrable Disputes Governed by Statutory Jurisdiction. Disputes under the Payment of Wages Act and Industrial Disputes Act held non-arbitrable; High Court order reversed with costs imposed on the respondent.

11 Dec 2024

The Supreme Court disallowed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that disputes...

Supreme Court

"Supreme Court Sets Aside High Court Order Restoring Plot to Defaulters" "Litigation by Proxy Tenant Held as Abuse of Process; Original Allottees Found in Default.

10 Dec 2024

Issue: Whether the High Court was correct in restoring a resumed plot despite the default of the original allottees and the proxy litigation by a purp...

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