Search Results for "witness summoning"

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Search Results for "witness summoning"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

High Court

High Court Hears Appeal Against Conviction in Murder Conspiracy Case. Trial Court Convicted Accused for Murder of Sitting MLA Under Sections 302, 307, 120B IPC, but Accused Challenges Validity of Trial Based on Illegal Charge Sheet and Manipulated Evidence.

15 Mar 2024

The accused No.6 (appellant) appealed against the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge,...

High Court

Karnataka High Court Hears Petition to Quash Rape Charges Against Advocate Filed by Law Intern. Allegations of Sexual Harassment and Attempt to Rape Under IPC Sections 354 and 376 Examined, with Focus on Distinction Between Preparation and Attempt Under Section 511 IPC.

11 Jul 2023

The case involved a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by an advocate, seeking to quash a charge sheet ...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

17 Apr 2023

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

High Court

High Court of Karnataka Allows Accused to Adduce Defence Evidence in POCSO Case — Rejection of Plea by Trial Court Set Aside. Right to Fair Trial Under Section 482 CrPC Includes Opportunity to Present Defence Witnesses Even After Prosecution Evidence Closed.

20 Jul 2022

The petitioner, Sri Periyaswamy M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court o...

Supreme Court

Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

17 Oct 2019

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

High Court

High Court of Bombay Considers Challenge to Trial Court’s Order Allowing Prosecution to Examine Witnesses Under Section 311 CrPC After Evidence Closure and Section 313 Examination

11 Dec 2018

The case involved two Criminal Writ Petitions filed by accused persons challenging an order of the Additional Sessions Judge, Ahmednagar, dated 27 Sep...

High Court

High Court of Karnataka Sets Aside Summoning of Additional Accused Under Section 319 Cr.P.C. — No Prima Facie Case Made Out Against Petitioners. Court held that mere naming in FIR without corroborative evidence during trial is insufficient to invoke Section 319 Cr.P.C. against persons dropped by police in charge sheet.

22 Jun 2017

The petitioners, originally named as accused Nos.2, 3, 8, 9, and 10 in the FIR, were dropped by the police during investigation and not arraigned in t...

High Court

Bombay High Court Dismisses Petition Challenging Summons to Chairman of Complainant Society as Defence Witness in Negotiable Instruments Act Case. Chairman Not Examined as Prosecution Witness, Hence No Bar to Summon Him as Defence Witness Under Section 243 CrPC.

27 Jan 2014

The petitioner, Kalika Nagari Sahakari Patsanstha Maryadit, a cooperative society, was the complainant in STC No. 531/2009 pending before the Judicial...

High Court

Bombay High Court Allows Revision Against Summoning of Witness After Prosecution Closed Evidence in Murder Trial. Court holds that summoning a witness after closure of evidence and examination of accused under Section 313 CrPC causes prejudice to accused.

19 Oct 2013

The applicant, Chandrashekhar Vinayak Wargane, was the sole accused in Sessions Trial No. 32 of 2012 before the Sessions Court at Amravati for the mur...

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