Search Results for "dishonest inducement"

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Bombay High Court Allows Quashing of FIR in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Intention. Court holds that mere dishonour of cheque does not attract offence under Section 420 IPC without proof of fraudulent or dishonest inducement at the time of borrowing.

The applicant, Sumit Sunil Chavan, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. I-36/201...

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Gujarat High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute and Lack of Criminal Intent. The court held that where the dispute is essentially civil, criminal proceedings cannot be allowed to continue as it would amount to abuse of process of law under Section 482 CrPC.

The judgment pertains to a criminal miscellaneous application filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR...

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Supreme Court Allows Appeal in Rape Case - Discharge Order Restored as Consent Was Not Based on Misconception of Fact - Relationship Between Married Parties Was Consensual

<p>The Supreme Court allowed the appeal filed by the Appellant against the High Court's order which had set aside his discharge in a rape case -...

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"Bombay High Court Quashes Criminal Case: Civil Dispute Cannot Be Penalized" "Reiterating the distinction between civil and criminal remedies, the High Court emphasizes abuse of process in criminalizing contractual disputes."

The Bombay High Court, Aurangabad Bench, quashed FIR No. 134/2021 and associated proceedings under Sections 420 and 406 IPC, ruling that the matter is...

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HDFC Bank Cleared of Criminal Charges: FIR Quashed by Supreme Court. Supreme Court rules in favor of HDFC Bank, quashing FIR related to alleged violations of prohibitory orders concerning a bank locker.

The Supreme Court set aside a 2022 judgment from the Patna High Court and quashed an FIR filed against HDFC Bank and its officials. The FIR had allege...

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Bombay High Court Quashes FIR in Commercial Dispute Over Soyabean Supply — No Cheating Intent Established. Contractual Breach Without Deceitful Intention from Inception Does Not Attract Section 420 IPC.

The applicants, a partnership firm named Sagacious Impex, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing ...

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Bombay High Court Quashes FIR in Share Dispute Due to Civil Nature. Dispute over share purchase agreement held to be purely contractual, not constituting criminal breach of trust or cheating under Sections 406, 420, 120B IPC.

The petitioners, Rohan Dukle and Sudhir Gudal, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Cri...

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Supreme Court Quashes Criminal Proceedings in Loan Dispute, Distinguishes Civil Breach from Criminal Offence. Court holds that mere inability to repay loan does not constitute cheating or criminal breach of trust without fraudulent intention from inception.

The Supreme Court allowed an appeal against the Gujarat High Court's order dismissing a petition to quash criminal proceedings. The appellant, a retir...

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Bombay High Court Quashes Charges Against Advocate in Forgery Case Due to Lack of Prima Facie Evidence — Sections 420, 467, 468, 471 IPC Not Attracted as No Specific Allegation of Dishonest Inducement or Forgery Against Applicant.

The applicant, Mohan Premnath Kothimbire, an advocate practicing in Additional Sessions Court, Omerga, was arrayed as accused No.7 in R.C.C. No.11/200...